Phoenix Marijuana Expungement Lawyer
Arizona’s Proposition 207—the Smart and Safe Arizona Act—did more than legalize recreational marijuana for adults. Under ARS § 36-2862, it created a pathway for people with prior marijuana-related arrests, charges, and convictions to petition for expungement of their records.
If you were arrested, charged, adjudicated, or convicted of a marijuana offense that is now legal under Arizona law, you may be eligible to have that record expunged. Expungement seals the record from public view and, in most cases, allows you to legally state that you were never arrested or convicted of the offense.
Attorney Josh Lopez helps Phoenix and Maricopa County residents navigate the Prop 207 expungement process, from determining eligibility to filing petitions and appearing at hearings when necessary.
What Proposition 207 Changed
Proposition 207 passed on November 3, 2020, and took effect on November 30, 2020. The law legalized the following for adults 21 and older:
- Possession of up to one ounce (28.35 grams) of marijuana, with no more than five grams of marijuana concentrate
- Personal cultivation of up to six plants per person (maximum 12 plants per household) in an enclosed, locked space
- Possession of paraphernalia related to marijuana use, cultivation, or processing
- Transportation of legally possessed marijuana
Critically, Prop 207 also included ARS § 36-2862, which allows individuals convicted of offenses that are no longer crimes under Arizona law to petition for expungement.
Who Is Eligible for Marijuana Expungement
Under ARS § 36-2862, you may petition for expungement if you were arrested, charged, adjudicated, or convicted of any of the following offenses—provided the conduct would now be legal under Prop 207:
Eligible Offenses
| Offense Type | Legal Limit Under Prop 207 |
| Possession of marijuana | Up to 1 ounce (≤5g concentrate) |
| Possession of paraphernalia | For personal use |
| Cultivation of marijuana plants | Up to 6 plants (personal), 12 per household |
| Transportation of marijuana | Within legal possession limits |
| Offenses involving legal conduct | Any marijuana offense now permitted under ARS § 36-2852 |
Key Eligibility Requirements
To qualify for expungement under ARS § 36-2862:
- The offense must now be legal — The conduct underlying your arrest or conviction must be legal under current Arizona marijuana law. If your offense involved amounts exceeding legal limits, sales/distribution, or other conduct still prohibited, you are not eligible.
- Any case status qualifies — You can petition whether you were:
- Arrested but never charged
- Charged but the case was dismissed
- Convicted (misdemeanor or felony)
- Adjudicated delinquent (juvenile cases)
- Completed a diversion program
- No waiting period — Unlike some expungement processes, Prop 207 does not require you to wait a specific period after completing your sentence.
- No limit on when the offense occurred — Offenses from any year are eligible, as long as the underlying conduct is now legal.
Offenses NOT Eligible for Expungement
Prop 207 expungement does not apply to:
- Possession exceeding legal limits (more than 1 ounce or more than 5 grams of concentrate)
- Cultivation exceeding legal limits (more than 6 plants per person)
- Sale, distribution, or trafficking of marijuana
- Offenses involving minors (sale to minors, possession by minors, etc.)
- Driving under the influence of marijuana (ARS § 28-1381)
- Possession or use in prohibited locations (schools, federal property, etc.)
- Offenses committed while on probation or parole for an ineligible offense
If your offense involved conduct that remains illegal under Arizona law, Prop 207 expungement is not available. However, other post-conviction relief options may exist depending on your circumstances.
What Expungement Means Under Arizona Law
Arizona uses the term “expungement” specifically for Prop 207 marijuana offenses. This is distinct from the state’s general record-sealing provisions under ARS § 13-911.
Effects of Expungement
When your marijuana record is expunged under ARS § 36-2862:
Court Records:
- The court order requires all agencies to expunge (destroy or delete) records related to the arrest, charge, or conviction
- Court records are sealed from public access
Criminal History:
- The offense will not appear on standard criminal background checks
- You may legally answer “no” when asked if you have been arrested or convicted of the expunged offense on most employment, housing, and licensing applications
Rights Restoration:
- If your conviction resulted in loss of civil rights, expungement restores those rights
- This includes voting rights if they were affected by a felony marijuana conviction
What Expungement Does NOT Do:
- It does not prevent federal agencies from accessing sealed records
- It does not affect immigration proceedings (marijuana remains federally illegal)
- It does not restore rights lost due to other non-marijuana convictions
- It may not apply to certain professional licensing inquiries that require disclosure of sealed records
The Expungement Petition Process
Filing for Prop 207 expungement requires submitting a petition to the appropriate Arizona court. The process varies slightly depending on your case history.
Step 1: Determine the Correct Court
Where you file depends on what happened with your case:
| Case Status | Where to File |
| Case went to court | The court that handled your case (Municipal Court, Justice Court, or Superior Court) |
| Arrested but never charged | Superior Court in the county where the arrest occurred |
| Juvenile adjudication | Juvenile Court in the county where the case was handled |
For offenses in Maricopa County, this typically means:
- Phoenix Municipal Court — For Phoenix city ordinance violations
- Maricopa County Justice Courts — For misdemeanor offenses in specific precincts
- Maricopa County Superior Court — For felony cases, uncharged arrests, or appeals
Step 2: Obtain Required Information
Your petition must include specific information about the offense:
- Your full legal name (and any aliases used at the time)
- Date of birth
- Date of arrest
- Arresting agency (Phoenix Police, Maricopa County Sheriff, DPS, etc.)
- Court case number (if charges were filed)
- Description of the offense
- Final disposition (conviction, dismissal, etc.)
If you do not have records of your arrest or case, you may need to obtain them from the arresting agency or court before filing.
Step 3: Complete the Petition Form
Arizona courts provide standardized petition forms for Prop 207 expungement. The form you use depends on the court:
- Superior Court — Petition to Expunge Marijuana Offense Record (Adult)
- Juvenile Court — Petition to Expunge Marijuana Offense Record (Juvenile)
- Municipal/Justice Court — Court-specific forms or Superior Court form
The petition requires you to identify:
- The specific offense you are seeking to expunge
- Why the offense qualifies under ARS § 36-2862
- Your contact information for the court’s response
Step 4: File the Petition
Submit your completed petition to the clerk of the appropriate court. Filing requirements:
- Filing fee: No fee is required for Prop 207 expungement petitions
- Copies: Bring the original and at least one copy for your records
- Service: You are not required to serve any other parties (unlike some civil filings)
Step 5: Court Review
After filing, the court reviews your petition to determine:
- Whether the offense qualifies under ARS § 36-2862
- Whether you have provided sufficient information to identify the records
Timeline: Under ARS § 36-2862(D), the court must rule on petitions “in an expedited manner.” Most Maricopa County courts process petitions within 30 to 60 days, though times vary.
Hearing: In most cases, no hearing is required. The court rules on the petition based on the written filing. If additional information is needed, the court may schedule a hearing or request supplemental documentation.
Step 6: Court Order
If the court grants your petition:
- The court issues an expungement order
- The order is sent to all relevant agencies (arresting agency, prosecutor’s office, Arizona Department of Public Safety, FBI)
- Agencies must expunge their records in accordance with the order
You should retain a copy of the expungement order for your records. If a background check later shows the expunged offense, you can provide the order as proof of expungement.
Multiple Offenses and Complex Cases
Many people have more than one marijuana-related offense on their record, or have records in multiple courts or counties.
Multiple Offenses in One Case
If you were charged with multiple marijuana offenses arising from a single incident (for example, possession and paraphernalia), you can typically address all qualifying offenses in one petition.
Offenses in Different Courts
If you have marijuana offenses in multiple courts (for example, one case in Phoenix Municipal Court and another in Maricopa County Superior Court), you must file separate petitions in each court.
Offenses in Different Counties
If your offenses occurred in different Arizona counties, you must file petitions in each county where the offense was handled.
Mixed Eligible and Ineligible Offenses
If a single case involved both eligible and ineligible offenses (for example, possession within legal limits AND possession with intent to sell), only the eligible offenses can be expunged. The ineligible offenses will remain on your record.
Common Questions About Prop 207 Expungement
Does expungement happen automatically?
No. Arizona does not automatically expunge marijuana records. You must file a petition with the court and receive an expungement order. Without a petition, your prior marijuana offenses remain on your record regardless of whether the conduct is now legal.
How much does it cost to expunge a marijuana record?
There is no court filing fee for Prop 207 expungement petitions in Arizona. If you hire an attorney to assist with the process, attorney fees will vary depending on the complexity of your case and the number of petitions required.
Can I expunge a marijuana DUI?
No. Driving under the influence of marijuana (ARS § 28-1381) is not eligible for Prop 207 expungement. DUI offenses remain separate criminal violations regardless of marijuana legalization.
Will expungement help with employment background checks?
Yes, in most cases. Standard criminal background checks will not show expunged offenses. You can legally answer “no” when asked about prior arrests or convictions for expunged offenses on most job applications. However, certain government positions and professional licenses may still require disclosure of sealed records—check the specific requirements for your situation.
What about federal background checks?
Federal agencies may still have access to records that have been expunged under state law. If you are applying for federal employment, security clearance, or positions requiring FBI background checks, the expunged offense may still appear. Additionally, marijuana remains illegal under federal law, which can affect federal employment and immigration matters.
Can I expunge a juvenile marijuana offense?
Yes. Juvenile adjudications for marijuana offenses that would now be legal under Prop 207 are eligible for expungement. The petition must be filed in the Juvenile Court that handled the original case.
What if I completed a diversion program instead of being convicted?
You are still eligible for expungement. ARS § 36-2862 applies to arrests, charges, adjudications, AND convictions. Even if your case was resolved through diversion without a formal conviction, you can petition to expunge the arrest and charge records.
How long does the expungement process take?
Most Maricopa County courts process Prop 207 petitions within 30 to 60 days. Complex cases or cases requiring additional documentation may take longer. The statute requires courts to handle petitions “in an expedited manner,” but actual timelines depend on court workload.
What if my petition is denied?
If the court denies your petition, the order will explain the reason. Common reasons for denial include:
- The offense does not qualify under Prop 207 (conduct still illegal)
- Insufficient information to locate records
- Wrong court (petition filed in incorrect jurisdiction)
You may be able to refile with corrected information or in the correct court. If you believe your petition was wrongly denied, you may have appeal options depending on the circumstances.
Why Expungement Matters
A marijuana conviction—even for conduct that is now legal—can continue to affect your life:
Employment: Many employers conduct background checks and may disqualify applicants with drug convictions, even for marijuana possession.
Housing: Landlords frequently screen for criminal history, and drug offenses can result in application denials.
Professional Licensing: Certain licenses (nursing, teaching, real estate, etc.) require disclosure of criminal history and may be affected by marijuana convictions.
Education: Drug convictions can affect financial aid eligibility and admission to certain programs.
Immigration: For non-citizens, any marijuana-related conviction—even for conduct now legal under state law—can have serious immigration consequences. Expungement does not eliminate federal immigration risks.
Peace of Mind: Beyond practical consequences, many people simply want their record to reflect current law rather than carrying a conviction for conduct that Arizona voters determined should be legal.
Phoenix and Maricopa County Marijuana Expungement
Attorney Josh assists clients throughout the Greater Phoenix area with Prop 207 expungement petitions, including:
- Determining eligibility — Reviewing your records to confirm whether your offense qualifies
- Locating records — Helping obtain arrest records, court records, and case numbers needed for the petition
- Preparing petitions — Completing all required forms accurately for the appropriate court
- Filing and follow-up — Submitting petitions and monitoring case status
- Multiple jurisdiction cases — Coordinating petitions across multiple courts when necessary
Whether you have a single old possession charge or multiple offenses across different courts, Attorney Josh can help you understand your options and navigate the expungement process.
Schedule a Consultation
If you have a prior marijuana arrest or conviction in Arizona and want to know whether you qualify for Prop 207 expungement, contact The Law Office of Joshua A. Lopez for a consultation.
Call (480) 386-1824 or complete the contact form to discuss your case.