The passing of Arizona Prop 207 in last year’s election made recreational marijuana legal in the state and included a provision for those with certain past marijuana offenses to have those citations expunged from their record. To facilitate the expungement of past marijuana offenses, the State of Arizona and many counties within, have set up websites to help individuals submit their application to start the process. The Arizona expungement process is free for end users and officially starts July 12th, 2021. RSN Law put together a quick guide to help people looking to get past marijuana offenses expungement through the process.
Who is Eligible for Expungement of Marijuana Offenses?
In our previous article on the new Arizona marijuana laws enacted as part of Prop 207, we detailed all the main points of the ballot initiative. Any individual previously charged with possession of two and half ounces of marijuana or less can – under the appropriate circumstances – have the charge or conviction expunged from their record. Individuals charged with possessing, transporting or cultivating six marijuana plants or less and those charged with possession or transportation of paraphernalia are also eligible for expungement.
Process to Clear Your Marijuana Conviction
As a part of the new marijuana laws in Arizona, the expungement process will be simple and straightforward for most convictions that are now eligible to be cleared from your record. Those individuals with a single offense of the above issues will most likely just need to fill out the application in the jurisdiction where they were convicted and allow for the application to process through the court.
Unfortunately, this “simple” process may not apply for many past offenses and current cases making their way through the justice system. For instance, you will more than likely need legal counsel if you have multiple offenses or your conviction led to jail time or parole issues. County Attorneys around the state are looking to handle the most clear cut cases that qualify first and foremost.
Maricopa County Attorney Assistance Program
The Maricopa County Attorney announced on June 21, 2021 they would be filing more than 6,900 stipulated motions proactively for any qualifying past offenses or current cases that will no longer be against the law in Arizona. They have also created an online form for anyone that believes they are eligible for expungement to apply. The Maricopa County Attorney Assistance Program marijuana offense expungement form is available here and takes only a few minutes to complete. This form does not guarantee that your past marijuana offenses will be cleared automatically, but the case will be reviewed by the county attorney’s office to see if it meets their requirements for stipulated motion. They have three guidelines for filing the motion on your behalf:
- The amount of marijuana is less than the amounts now legal under Arizona Prop 207, which is 2.5 ounces of marijuana or 6 plants.
- You do not have any pending felony charges or any felony charges submitted to their office.
- You must not have been convicted of a felony since the marijuana offense that is up for expungement.
If you believe your past marijuana offense meets these requirements, then you may fill out the online application and wait for confirmation from the Maricopa County Attorney’s office. The website makes clear that their office will have limited resources to work through the thousands of applications expected. If you need assistance, this firm can do so.
All counties in Arizona should have a similar online form available for marijuana offenses in other jurisdictions with a simple process for application. You can find the Pima County Attorney’s Office Prop 207 Expungement site here with a similar online application form.
Work with an Arizona Marijuana Law Attorney
If your expungement request is denied or you have a more complicated case, RSN attorneys can assess your case and help you pursue the best course of action. While past marijuana convictions might be more complicated than a County Attorney might be willing to pursue, our firm has the experience in Arizona to help you pursue justice. Contact us today at 480-712-0035 to schedule an initial consultation or make an appointment on our contact us page.
RSN Law intends this article to be for informational purposes, not to be relief on a specific legal matter, and does not create an attorney-client relationship.