Expungement
Arizona Marijuana Expungement ARS 36-2862
If you have been arrested or convicted of a marijuana-related crime involving the possession, use, or sale of less than 2.5 ounces (or less than 12.5 grams of marijuana concentrate), you may be eligible to have your criminal record expunged under Arizona law. This type of legal relief established through Proposition 207 and governed by A.R.S. § 36-2862 allows individuals to file a petition with the court to remove qualifying marijuana offenses from both criminal and arrest records.
Expungement can provide significant benefits, especially when it comes to clearing past convictions that continue to affect employment, housing, and other opportunities. If your case involved more than 2.5 ounces, or if you’re unsure about your eligibility, contact a qualified lawyer or criminal defense attorney for a case review. While prosecutors may challenge petitions in certain cases, particularly those involving higher quantities, the final decision rests with the court under applicable criminal justice procedures.
Minimum Required Information:
- Court Name:
- Case Number:
- Charges:
- Month/Day/Year of Crime:
- Anything Else We Should Know About Your Current Life:
- Your Full Legal Name:
- Date of Birth:
- Phone number:
- Email:
- Mailing Address:
The law firm handles the rest of the motions and court appearances.
Legal Benefits:
- Expungement of judgment of guilt (aka no longer guilty), or arrest (as if they were never arrested)
- Expunged for the rest of their life
- Restore Gun Rights automatically
- Restore Civil Rights automatically
- The public cannot access the information through government systems
- Released from ALL penalties that came with the conviction
- Useful for employment, housing, financial aid, and loan applications because once approved you do not have to disclose
- DPS must update criminal background information and expunge everything
Eligible:
- Criminal convictions only
- Accepted guilty plea or found guilty at trial
- You are still eligible even if you did NOT complete all sentence requirements (such as outstanding fees). You do not get any refund of fees already paid to the court.
Limitations:
- Does not remove from driving records or insurance
- Does not delete everything from the internet that is not government-owned
Approval Process:
- Typically, it takes more than 90 days from the time the application is submitted. Applications are normally reviewed multiple times for accuracy before being submitted and filed within 30 days of the time the firm is hired.
Legal Factors:
- If your case involves more than 2 1/2 ounces, the prosecutor commonly objects, but the judge can still approve.
Frequently Asked Questions
What does an expungement do in Arizona?
In Arizona, expungement applies only to marijuana, under Proposition 207 and A.R.S. § 36-2862. There is no general expungement for other crimes; those use sealing or a set aside. For qualifying marijuana cases, expungement is the strongest option: it removes the case as if it never happened, including related police reports, and restores your rights.
Which marijuana offenses qualify for expungement?
Possessing, consuming, or transporting 2.5 ounces or less (no more than 12.5 grams as concentrate), cultivating six plants or fewer at home, and possessing paraphernalia. It covers arrests and charges, not just convictions. Sales and attempted sales do not qualify, and a marijuana DUI does not qualify.
Do I have to pay my fines and fees first?
No, and we recommend you do not. Unlike sealing and set asides, which require all fines and fees paid before applying, marijuana expungement does not. If you already paid, there are no refunds, which is part of why it is best not to pay.
Can I expunge a marijuana DUI?
No. Only possession-type marijuana offenses qualify. If you were charged with both a marijuana DUI and marijuana possession, we expunge the possession side and seal the DUI side under A.R.S. § 13-911.
Can marijuana sales or attempted sales be expunged?
No. Only possession qualifies. Arizona’s courts went back and forth on this, but the state’s higher court settled it: sales and attempted sales cannot be expunged, even if the amount was under the legal limit.
What if I had more than the legal amount, or I’m not sure how much?
If the amount was over the Prop 207 limit, expungement will not be granted. When the amount is uncertain, we file both an expungement and a sealing application and ask the judge to rule on the expungement first. If it is granted, the sealing is unnecessary. If it is denied, the sealing is already in place, which saves time.
Will expungement restore my gun rights?
Yes, for that marijuana case. Other disqualifying cases must be handled separately, and any federal firearm restrictions are a separate federal matter we do not handle.