Arizona Marijuana Expungement
Arizona voters passed Proposition 207 in November 2020, legalizing recreational marijuana for adults 21 and older. Beyond legalization, Proposition 207 created a pathway for people with certain prior marijuana convictions to have those records expunged. Completely removed as if they never existed. Unlike Arizona’s standard “set aside” process, expungement under Proposition 207 seals and destroys records entirely, allowing individuals to legally state they have no conviction.
Attorney Josh helps clients throughout Arizona petition for marijuana expungement under Proposition 207.
Expungement vs. Set Aside
Standard Set Aside (ARS § 13-905)
Arizona’s traditional process for addressing past convictions:
- Conviction is “set aside”
- Record still exists and shows the set-aside
- Background checks may reveal original conviction
- Limited benefit compared to expungement
Proposition 207 Expungement
Complete record removal:
- Records sealed and destroyed
- Conviction treated as if it never occurred
- Background checks won’t reveal conviction
- Can legally answer “no” to conviction questions
- Full restoration of rights affected by conviction
Expungement provides significantly greater relief than a set aside.
Eligible Offenses Under Proposition 207
Automatically Eligible Offenses
Offenses involving conduct that is now legal:
Possession:
- Marijuana possession (2.5 ounces or less)
- Marijuana concentrate possession (12.5 grams or less)
- Possession of marijuana paraphernalia
Cultivation:
- Growing 6 plants or fewer for personal use
- Cultivation at primary residence
Transportation:
- Transporting 2.5 ounces or less
- Transferring 1 ounce or less without remuneration
Potentially Eligible Offenses
Offenses that may qualify based on case-specific analysis:
- Amounts exceeding current legal limits (if conduct would now be petty offense)
- Some manufacturing offenses
- Offenses where marijuana was incidental element
NOT Eligible
Offenses that remain ineligible:
- Sales to minors — Selling/providing marijuana to those under 21
- Driving under the influence — Marijuana DUI
- Violent offenses — Even if marijuana was involved
- Federal convictions — Proposition 207 only applies to Arizona state convictions
- Commercial distribution — Large-scale trafficking
Current Legal Limits (What’s Now Legal)
Adults 21 and Older May Possess
| Substance | Legal Limit |
| Marijuana flower | 1 ounce (28.3 grams) |
| Marijuana concentrate | 5 grams |
| Plants for personal cultivation | 6 plants per person (12 per household) |
Still Illegal
- Possession by those under 21
- Possession exceeding legal limits
- Public consumption
- Driving under the influence
- Sales without license
- Providing to minors
The Expungement Process
Step 1: Determine Eligibility
Review your conviction to confirm:
- The offense is marijuana-related
- The conduct would now be legal or a petty offense
- The conviction is a state (not federal) conviction
- No disqualifying factors (violence, sales to minors)
Step 2: Gather Documentation
Obtain records:
- Case number and court information
- Charging documents
- Judgment and sentencing documents
- Completion of sentence documentation
Step 3: Prepare Petition
File petition with the court that handled original case:
- Complete required forms
- Attach supporting documentation
- Describe eligible offense
- Request expungement under Proposition 207
Step 4: File Petition
Submit to appropriate court:
- Superior Court (felony convictions)
- Municipal Court (city misdemeanors)
- Justice Court (county misdemeanors)
No filing fee for Proposition 207 expungement petitions.
Step 5: Court Review
The court reviews the petition:
- Determines eligibility
- Prosecution may respond (but typically doesn’t contest eligible cases)
- Hearing scheduled if necessary
- Most straightforward cases granted without hearing
Step 6: Order Issued
If granted, the court orders:
- Arrest records sealed and destroyed
- Court records sealed and destroyed
- Law enforcement records sealed and destroyed
- Agencies notified to comply
Step 7: Record Clearing
Agencies must comply with expungement order:
- Remove from databases
- Seal physical records
- Destroy as required
Timeline
Typical timeline from petition to order:
- Straightforward cases: 2-4 months
- Complex cases: 4-6 months or longer
- Cases requiring hearing: Add 1-2 months
Factors affecting timeline:
- Court processing backlogs
- Prosecution response
- Need for hearing
- Agency compliance
Benefits of Expungement
Employment
- Answer “no” to conviction questions
- Pass background checks
- Apply for previously unavailable jobs
- Professional licensing restored
Housing
- Pass landlord background checks
- No disclosure required to landlords
- Qualify for housing programs
Education
- Qualify for student financial aid
- Professional program eligibility
- Licensing exam eligibility
Firearms Rights
If marijuana conviction was your only disqualifying offense:
- State gun rights may be restored
- Federal rights depend on specific circumstances
- Consult attorney for specific analysis
Personal
- Peace of mind
- No explanation needed
- Fresh start
- Record reflects current law
Special Situations
Multiple Marijuana Convictions
You may petition for expungement of multiple eligible offenses:
- Each conviction requires separate petition (typically)
- Courts may consolidate related cases
- Same eligibility analysis applies to each
Convictions in Multiple Courts
If you have convictions in different courts:
- File separate petition in each court
- Each court handles its own records
- Process runs parallel
Currently on Probation or Parole
You may petition for expungement even while:
- Serving probation
- On parole
- Still completing sentence
Expungement doesn’t affect ongoing supervision, but clears the conviction.
Out-of-State Residents
Arizona residents who moved out of state can still petition for expungement of Arizona convictions.
Frequently Asked Questions
How long does marijuana expungement take?
The process typically takes 2-4 months from filing to order, depending on court processing times and case complexity.
Do I have to go to court?
Usually no. Most expungement petitions are granted without a hearing. If the court has questions or prosecution contests, a hearing may be scheduled.
How much does expungement cost?
There is no court filing fee for Proposition 207 expungement petitions. Attorney fees vary based on case complexity.
Can expunged convictions be used against me?
No. Once expunged, the conviction cannot be used against you for any purpose. You can legally deny the conviction existed.
Will expungement restore my gun rights?
It depends. If the marijuana conviction was your only disqualifying offense, expungement may restore gun rights. Federal law is complex—consult an attorney for specific analysis.
What if my petition is denied?
You may have options to appeal or re-petition depending on the reason. An attorney can evaluate your options.
Can I expunge a federal marijuana conviction?
No. Proposition 207 only applies to Arizona state convictions. Federal marijuana convictions cannot be expunged through this process.
What records are destroyed?
The expungement order requires sealing and destruction of arrest records, court records, and law enforcement records related to the conviction.
Why Work With an Attorney
While the expungement process is designed to be accessible, an attorney ensures:
Correct eligibility determination — Confirms offense qualifies
Proper petition preparation — Meets all court requirements
Complete record identification — Finds all records needing expungement
Problem resolution — Addresses issues that arise
Follow-through — Ensures agencies comply with order
Marijuana Expungement Throughout Arizona
Proposition 207 provides a powerful tool for clearing eligible marijuana convictions—giving people a genuine fresh start rather than a conviction that follows them forever. Attorney Josh helps clients throughout Arizona navigate the expungement process.
Phoenix Office:
2601 N 3rd Street, Suite 301
Phoenix, AZ 85004
Scottsdale Office:
6991 East Camelback Rd, Suite D-300
Scottsdale, AZ 85251
Call (480) 386-1824 for a free consultation.