The client carried a Class 4 Felony Marijuana Violation conviction and a Class 6 Felony Drug Paraphernalia conviction out of Maricopa County Superior Court. Future First filed the expungement application under ARS § 36-2862 and the court granted the application in 25 days, expunging both counts under Proposition 207.
At a glance
| Original conviction | Marijuana Violation (ARS § 13-3405), Class 4 Felony; Drug Paraphernalia Violation (ARS § 13-3415), Class 6 Felony |
| Application filed | Petition to Expunge Marijuana Conviction, ARS § 36-2862, 2023 |
| Court | Maricopa County Superior Court |
| Result | Expungement Granted. The Class 4 Felony Marijuana count and the Class 6 Felony Drug Paraphernalia count expunged under Proposition 207. |
| Rights restored | N/A under § 36-2862. Expungement closes the record and treats the case as if never occurred for most purposes. |
| Time from filing to grant | 25 days from petition filing to granted |
The challenge
A Class 4 Felony Marijuana Violation under ARS § 13-3405 sits at a serious felony tier. Paired with a Class 6 Felony Drug Paraphernalia under § 13-3415, the case file carried two felony entries from a single marijuana case. Before Proposition 207, the cleanup paths for these convictions were limited to set aside under § 13-905 with the case still visible on background checks.
Proposition 207 added a stronger tool: full expungement under ARS § 36-2862. The expungement remedy reaches marijuana convictions tied to amounts within the statutory eligibility ceiling, including paraphernalia counts attached to the same case. The Class 4 Felony tier is within § 36-2862’s reach where the underlying conduct involved a qualifying amount.
What we did
Future First filed the Petition to Expunge Marijuana Conviction under ARS § 36-2862 in Maricopa County Superior Court. The application covered both the Class 4 Felony Marijuana Violation count and the Class 6 Felony Drug Paraphernalia count. The package documented that both convictions fell within § 36-2862’s scope, that the conduct involved an amount within the statutory eligibility ceiling, and that all sentence terms were complete.
The court reviewed the petition under the § 36-2862 framework. The petition held up at every step and the court entered the order on the merits in 25 days.
The judge signed the order. Expungement granted on the Class 4 Felony Marijuana count and the Class 6 Felony Drug Paraphernalia count. The record is expunged under § 36-2862. The arrest, prosecution, conviction, and sentencing are treated as if never occurred.
What our clients say
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If you have a felony marijuana case on your record
ARS § 36-2862 reaches felony Marijuana Violation convictions and the associated Drug Paraphernalia counts where the conduct involved an amount within the statutory eligibility ceiling. The expungement remedy under Proposition 207 was designed to undo marijuana convictions across the offense tier, from misdemeanors to felony transportation cases.
Expungement under § 36-2862 is stronger than sealing under § 13-911 or set aside under § 13-905. Set aside vacates the conviction but leaves the case file public. Sealing closes public access. Expungement closes the record and treats the case as if never occurred for most purposes. For eligible marijuana convictions, expungement is the path to choose.
The petition must show that the offense is eligible under § 36-2862. The prosecutor receives notice and time to object. Most marijuana expungements move through the court on the merits without a hearing once the eligibility analysis is established.
Related resources
- Expunge an Arizona marijuana conviction
- Set aside an Arizona conviction
- Seal your Arizona arrest record
Call us
Want to clear your record in Arizona? Call Future First Criminal Law at 602-900-6240 or request a free consultation. We have handled hundreds of Arizona record removal applications across every statute path. The cleanup is permanent and the process moves faster when handled by a firm that knows the local court.
Anonymized in line with firm policy. Client name not used. Specific dates approximated to year only. Outcome described reflects this client’s actual results. Past outcomes do not guarantee future results. For more detailed information on Arizona record removal law, visit the Arizona State Legislature website.
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