Are My Marijuana Charges Eligible for Expungement?

Written by Sean Krieg

On November 3, 2020, Arizona voters passed Proposition 207, also known as the Smart and Safe Arizona Act. This act permitted the legalization, taxation, possession, and recreational use of marijuana for adults twenty-one years old or older. Additionally, Prop. 207 included a new statute, A.R.S. § 36-2862, that provides a path to expungement for individuals previously convicted of certain marijuana-related offenses and allows dismissal of pending charges.

Expungement has never before been available for any conviction in Arizona. Instead, Arizona has “set-asides” that have the ability to improve future opportunities or restore civil rights but do not seal court files or erase the conviction in any way. Beginning on July 12, 2021, thousands of individuals will be eligible for expungement in Arizona for the first time. The following is a brief overview of who might be eligible and the effects of an expungement.

Eligible Offenses.

Individuals who were arrested, charged, convicted, or given any sentence based on three categories are eligible for expungement beginning on July 12, 2021.

1. Possessing, consuming, or transporting two and one-half ounces of marijuana or less, of which no more than twelve and one-half grams was in the form of concentrate.

2. Possessing, transporting, cultivating, or processing no more than six marijuana plants for personal use at the individual’s primary residence.

3. Possessing, using, or transporting paraphernalia relating to the cultivation, processing, or consumption of marijuana.

Individuals with more than one eligible offense, are permitted to expunge all of their offenses. However, each offense must be addressed separately.

Effect of Expungement.

Expunging an offense is different from “set-asides” in a number of important ways and offer benefits that “set-asides” do not.

1. Court and law enforcement records will be sealed, and no longer available to the public.

2. The conviction and sentence will be vacated, as well as court fees and debt imposed in connection with the charge.

3. Civil rights are restored as to the charges expunged.

4. The expunged charge cannot be used against an individual in subsequent prosecution.

5. An individual can generally state that they have “never been arrested for, charged with, adjudicated or convicted of, or sentenced for the crime.” [1]

Unfortunately, fees already paid under an expunged charge are not eligible for refund.

[1] A.R.S. § 36-2862(E). Certain employers, like the military, may have specific requirements for disclosure.