Starting July 12, 2021, those in Arizona with a marijuana conviction may petition the court for expungement. If you are interested in going through the process yourself, you likely have many questions. Luckily for you, we have everything you need to know in this article.

Here’s how you can have a clean record again and get rid of your marijuana conviction in Arizona.

Recent Voting

The proposition passed in Arizona with 60% of voters supporting it. Because of this, soon it will be legal for anyone 21 or older to use marijuana recreationally. But, what about those with convictions for using it in the past?

If you have a low-level marijuana offense on your record, you can erase it starting July 12 of 2021. The same proposition also brought up whether it should be legal to erase marijuana convictions and related felonies off your record- which passed.

There are plenty of benefits to this, as those who struggled to find work in the past because of the offense will now have a clean record again. Overall, many people support legalizing marijuana and making it possible to forgive those who received marks against them for using it.

Proposition 207

The above mentioned proposition is referred to as Proposition 207, it is the first measure taken in Arizona to offer expungement for marijuana. However, each county is permitted to handle the process differently.

It is worth mentioning that the proposition still allows Prosecutors to resist expunging the offense from records. Still, odds are in favor of that not happening.

What else does this proposition affect? It also gives clear rules for minors possessing the drug, explains how marijuana DUIs are to be handled, and no longer allows police officers to suspect that a crime is taking place based on the smell alone. Overall, those 21 and older would be allowed to use it recreationally.

How to Expunge Marijuana From Your Record

Since the proposition legalized possession of recreational weed (as long as you only have one ounce), you can now officially petition to have the courts remove it from your record. You will likely need to talk with an Arizona lawyer to get the job done. Until then, the proposition sets aside your offense.

When you file, the court will then have 30 days to respond. They may decide to dispute the petition or you might be asked to attend a hearing. While there, Prosecutors will need to produce evidence that you are not eligible to have the offense removed from your record.

With an attorney on your side, the odds will be much higher that you get a clean slate. When the court agrees with your petition, they will then sign a document that removes all records of your charge, arrest, conviction, sentence, and more. There are many benefits to this that we will discuss later on.

Even if the court does not agree to sign, do not lose hope. You will be allowed to file an appeal, which will give you another chance at expungement.

Again, a lawyer can assist you through this process. It will be worth your time and money to pass the petition, as doing so will greatly improve your quality of life. With the convictions removed, you will have more work opportunities and plenty of other benefits.

How to Apply

To start the process, you will need to fill out one of the forms the courts are currently designing. However, they are not yet available. The forms will make it easier to process many petitions at once.

Expungement VS Set Aside a Conviction

Before Prop 207 passed, you could still set aside a conviction. However, this still allowed the charges to show up in public record- meaning it did nothing to assist with background checks.

Expungement is a much needed improvement on that policy. It will seal marijuana records for those who need it, meaning only you have access to those records. Any expunged items will no longer appear on your public record.

Of course, that means that expungement comes with many more benefits than simply setting aside the conviction.

The Benefits

If you have been in jail or placed on probation for reasons relating to marijuana, having the record cleaned would greatly benefit you. Doing so will restore many of your rights that you lost in the past.

When convicted of a felony, you lose the right to vote or hold a public office. You also have a much harder time finding work, housing, and more essential aspects. A conviction can also prevent you from running your own business, getting government loans, or obtaining other sorts of professional licenses, and makes it more difficult to get accepted into colleges.

By removing the offense, you will once again be able to pass background checks conducted by employers. You can qualify for student loans, alter your child custody for the better, or obtain better housing. There are so many benefits, making it essential to go through the process to erase convictions.

Who is Eligible?

You will be eligible after July 12, 2021 passes and you meet the following criteria.

• You received an offense on your record for possessing, transporting, or consuming two and a half ounces of marijuana.
• You received an offense on your record for possessing, cultivating, processing, no more than six marijuana plants in your home for personal use.
• That amount can not be more than twelve and a half grams of concentrate
• You received an offense on your record for possessing, transporting, or cursing marijunana paraphernalia either related to consumption or cultivation.
• Can not be for selling.

If you fall into any of those categories, you can go through the process. You will need to wait until the courts can start accepting petitions. But, in the meantime, it would be a good idea to discuss your options with a professional lawyer in the field.

What Does Expungement Do?

Expungement will remove the result of an arrest, charge, adjudication, sentence, conviction, and possibly more from your record. The record will be sealed, meaning they will only be accessible to you and your lawyer.

Overall, the process will bring back many rights you had previously lost due to the offense charges. It will assist in bringing up your quality of life and give you a new start with a clean slate. It would be well worth it to attempt the petition. Even if it does not get approved by the courts the first time, your lawyer will be able to make an appeal and try again.

Conclusion

Expungement of marijuana related activity is a historical moment for Arizona. Many people voted in support of the Proposition 207 as well. As soon as this summer, the law will be officially changing and you will be able to petition the court to have these offenses removed from your record.

You will want to talk with a professional lawyer about your options. They can assist in making the process go smoothly for you- allowing you to get the offenses you need removed, removed. There are many benefits to doing so.

Prop 207 will change Arizona’s way of handling marijuana cases in many ways. If you live in the state, you will want to familiarize yourself with the new guidelines.