Starting July 12, 2021, anyone who has been arrested, charged, or convicted of certain marijuana offenses in Arizona will be eligible to have his or her criminal record expunged, under A.R.S. § 36-2862. This new statute is included in Proposition 207, which voters passed in November 2020 to legalize recreational marijuana for adults who are at least 21 years old.
Eligible petitioners are those who were arrested, charged, convicted, or acquitted of any of the following marijuana-related crimes (before November 30, 2020):
- Possession, consumption, or transportation of up to two and one-half (2 ½) ounces of cannabis or up to 12 ½ grams of marijuana concentrate.
- Possession, transportation, cultivation, or processing of up to six (6) marijuana plants at your private property for personal use.
- Possession, use, or transportation of paraphernalia used for consuming, cultivating, manufacturing, or processing cannabis.
Before Prop. 207 became law, possession of less than two pounds of cannabis was considered a Class 6 felony, punishable by imprisonment and/or fines. Furthermore, being convicted of a felony in Arizona results in difficulties living a normal life, as well as losing certain rights, such as the right to possess a firearm, the right to vote, the right to serve on a jury, and the right to hold public office.
Expungement of marijuana offenses in Arizona means the following:
- Vacates a conviction or judgment of adjudication.
- Seals all records, whether you were arrested, charged, convicted, adjudicated, or sentenced.
- Restoration of all civil rights.
- Notifies courts and law enforcement departments of expungement and requires them to seal all records.
- Requires the court clerk to seal all records and prohibit public access to those records.
If you are interested in expungement of a marijuana offense in Tucson, contact the Law Office of Carlos A. Medina, PLLC today at (520) RIGHTSR (744-4877) for a free case evaluation. Se Habla Español!