The client carried a 2015 Maricopa County Superior Court case with a Marijuana count and a Drug Paraphernalia count, both resolved through prosecution-motion dismissal. Future First filed an application to expunge the record under ARS § 36-2862 and the court granted the expungement in 2021, removing the records under Proposition 207’s marijuana expungement framework.
At a glance
| Original case | Marijuana Violation (ARS § 13-3405); Drug Paraphernalia Violation (ARS § 13-3415), dismissed by prosecution motion, 2015 |
| Application filed | Petition for Expungement, ARS § 36-2862, 2021 |
| Court | Maricopa County Superior Court |
| Result | Expungement Granted. The records expunged under the marijuana expungement framework. |
| Rights restored | N/A. Records expunged under ARS § 36-2862. |
| Time from application to grant | 53 days from application filing to granted |
The challenge
An old marijuana case in Arizona sits on a record even when the case was dismissed and even after the underlying conduct was legalized. Background services that aggregate court records pick up the original filing and the case number. Employers, landlords, and licensing services see the entry and stop reading. A dismissal does not remove the case from background data. Only expungement does.
The client had moved on from the case years before the application. The original filing still followed the client into every background check. The path forward required expungement under ARS § 36-2862.
What we did
Future First filed a Petition for Expungement under ARS § 36-2862 in Maricopa County Superior Court. The statute, enacted through Proposition 207, makes a category of marijuana offenses eligible for full expungement of the arrest, charge, adjudication, and sentence. Cases that resolved by dismissal or diversion are within the statute’s scope when the underlying conduct falls in the eligible offense category.
The application packaged the underlying court file, the dismissal order, and the statutory eligibility analysis. Future First built the application around the dismissed-case path under the statute, which moves faster than conviction-based applications because there is no sentence completion to verify.
The judge signed the order granting expungement. The order expunges the records and directs the relevant agencies to clear the matter from their files under the Proposition 207 framework.
What our clients say
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If you have an old marijuana case in Arizona
Arizona’s marijuana expungement statute, ARS § 36-2862, was enacted through Proposition 207. The statute makes qualifying marijuana offenses eligible for full expungement of the arrest, charge, adjudication, sentence, and conviction. Eligible offenses include possession, consumption, transportation of two and a half ounces or less, cultivation of six plants or less for personal use, and possession of marijuana paraphernalia.
Dismissed and diverted cases are within the statute’s scope. The expungement removes the original filing, the charge, and the arrest record from the public record. Background databases that picked up the case at filing time are required to clear it.
Expungement under ARS § 36-2862 is stronger than sealing under ARS § 13-911. Expungement removes the record entirely, not just from public-facing background databases.
Related resources
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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