The client carried a Class 6 Felony Drug Paraphernalia Violation conviction and a Class 6 Felony Marijuana Violation conviction out of Maricopa County Superior Court. Future First filed the Petition for Expungement under ARS § 36-2862 and the court granted the petition in 37 days, expunging both felony marijuana-related counts from the public record.
At a glance
| Original conviction | Drug Paraphernalia Violation (ARS § 13-3415), Class 6 Felony; Marijuana Violation (ARS § 13-3405), Class 6 Felony |
| Application filed | Petition for Expungement, ARS § 36-2862, 2024 |
| Court | Maricopa County Superior Court |
| Result | Expungement Granted. Both Class 6 Felony counts expunged from the public record under the Proposition 207 expungement framework. |
| Rights restored | N/A under the expungement order. Firearm and civil rights treatment depends on the prior set aside record on the same case. |
| Time from petition to grant | 37 days from petition filing to granted |
The challenge
Two Class 6 Felony marijuana-related convictions had been on the client’s record. Arizona’s Proposition 207 expungement framework under ARS § 36-2862 reaches marijuana-related convictions that fall within the qualifying conduct categories. The remedy goes beyond sealing: an expungement order removes the case from the public record under the Proposition 207 framework.
Drug paraphernalia and marijuana possession counts that fall within the qualifying conduct categories under Proposition 207 are the cleanest fit for the § 36-2862 path. The client’s case met the qualifying criteria and the application was ready.
What we did
Future First filed the Petition for Expungement under ARS § 36-2862 in Maricopa County Superior Court. The petition documented the qualifying conduct under the Proposition 207 framework, the sentencing record on the underlying counts, and the statutory criteria under § 36-2862. The package laid out both felony counts and how each met the qualifying conduct definition.
The 37-day grant cycle is at the fast end of how Maricopa County Superior Court moves on a Proposition 207 expungement petition. The documentation was complete on filing, the qualifying conduct analysis was clean, and the assigned criminal division had everything required to sign the order without additional process. The petition held up at every step.
The judge signed the order. Expungement Granted on both Class 6 Felony counts. The case is expunged from the public record under the Proposition 207 framework. The expungement remedy under § 36-2862 reaches further than sealing under § 13-911 because of how the statute treats the underlying record.
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If you have an Arizona marijuana case on your record
ARS § 36-2862 is the Proposition 207 expungement statute. It reaches marijuana-related convictions that fall within the qualifying conduct categories: possession, paraphernalia tied to marijuana, and cultivation within the post-Proposition 207 personal-use threshold. The statute is narrower than sealing under § 13-911 because the qualifying conduct categories are tight.
The remedy is stronger than sealing where it applies. An expungement order under § 36-2862 removes the case from the public record under the Proposition 207 framework. Background checks pulling from the public docket no longer return the case.
The work on a Proposition 207 expungement is the qualifying conduct analysis. Each count on the case has to map cleanly onto the statutory definitions. Once that analysis is done and the package is filed, the petition moves quickly when the qualifying conduct fits.
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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.