How To Get Your Arizona Marijuana Record Expunged

| May 27, 2021 | Drug Charges

Marijuana Conviction Expungement Information

By:
The Baker Law Firm, LLC
Arizona
Marijuana Expungement Attorneys
Phoenix Criminal Defense Attorneys
Phoenix Family Law Attorneys
EraseMyMarijuanaCase.com
702 E. Coronado Road
Phoenix, AZ 85006
Phone: 602-842-0359

Online Marijuana Expungements

Background

In the General Election held on November 3, 2020, citizens of Arizona voted to decriminalize and legalize marijuana for recreation.
Recreational marijuana is now legal in the state of Arizona for persons over the age of 21.
In response to the new legalization, the Arizona State legislature passed another law that allows people with marijuana-related convictions to expunge their records:

A.R.S. § 36-2862:

“Beginning July 12, 2021, an individual who was arrested for, charged with, adjudicated or convicted by trial or plea of, or sentenced for, any of the following offenses based on or arising out of conduct occurring before the effective date of this section may petition the court to have the record of that arrest, charge, adjudication, conviction or sentence expunged.”

How This May Affect You

⦁ Recreational marijuana is now legal in Arizona for persons over the age of 21 with the passage of Prop 207.
⦁ The subsequent passage of A.R.S. § 36-2862 by the Arizona state legislature allows people in Arizona with marijuana-related convictions to have some or all of their marijuana conviction records expunged.

Arizona Marijuana Expungement FAQ’s

What is expungement?

According to The American Bar Association-

“It is not uncommon among juvenile court proceedings to encounter the term “expungement,” or find an expungement order issued by the court.

What does it mean?

To “expunge” is to “erase or remove completely.” In law, “expungement” is the process by which a record of criminal conviction is destroyed or sealed from state or federal record. An expungement order directs the court to treat the criminal conviction as if it had never occurred, essentially removing it from a defendant’s criminal record as well as, ideally, the public record.
It is important to clarify that expungement is not “forgiveness” for committing a crime—that is a legal pardon. Likewise, pardons are not expungements and do not require removal of a conviction from a criminal record. In the United States, pardons may be granted by public officials. The President, for example, issues pardons annually. State governors may also pardon certain defendants in their states. Expungement proceedings, however, must be ordered by a judge, or court.”

What Arizona marijuana crimes will qualify for expungement?

⦁ Transporting, consuming, or transporting 2.5 ounces or less of marijuana
⦁ Cultivating, transporting, or processing no more than six marijuana plants at your primary residence for your personal use
⦁ Transporting, using, or possessing paraphernalia that is related to cultivating, processing, manufacturing, or consuming marijuana
Should I Have My Marijuana Record Expunged?

Yes.
Prop 207 is remarkable in the large number of marijuana convictions that can now be expunged, the benefits of getting your marijuana expungement are huge.

Start Your Arizona Marijuana Expungement
(Click Below To Apply)
EraseMyMarijuanaCase.com

Why should I have my marijuana record expunged?

There are a great many benefits to having your marijuana record expunged.
For example, if you have a marijuana conviction, expungement can restore your civil rights, including:

⦁ The right to own and possess a firearm
⦁ The right to hold a public office
⦁ The right to vote
⦁ The right to obtain loans or acquire housing funded by the government
⦁ The right to serve on a jury
⦁ The right to secure professional licenses

If you were convicted of a marijuana charge, having your record expunged will also help improve any child custody situations you may have, plus you’ll be able to pass a criminal background check for employment.

Can my Arizona misdemeanor marijuana convictions be expunged?

If you were convicted of a misdemeanor marijuana charge in Arizona you will be eligible for Arizona Marijuana Expungement and have your civil rights restored.

How much will it cost to have my Arizona marijuana record expunged?

Prices will vary depending on the specifics of your case but given the time and effort required, a qualified Arizona Marijuana Expungement Attorney should charge $1000-$2000.

NOTE: Beware of prices for Arizona marijuana expungements that are either much higher or much lower than the above prices.

Start Your Arizona Marijuana Expungement
(Click Below To Apply)
EraseMyMarijuanaCase.com

What is the Smart and Safe Arizona Act?

A.R.S. § 36-2862 came about when Arizona voters supported Prop 207 in November of 2020, which legalized recreational marijuana in Arizona.

⦁ With that vote, Arizona became the latest state to legalize recreational marijuana use and possession for those aged 21 and over.
⦁ Prop 207 was placed on the ballot by the residents of Arizona and it passed with 60% of the vote.

What’s the difference between expungement and “set aside”?

One of the reasons the passing of Prop 207 is unique is because, historically in Arizona, criminal records cannot be expunged; rather, they can only be “set aside”.

If a marijuana conviction is “set aside”, it still remains part of your public record. This means it will still show up on a background check, although it will be footnoted that it has been “set aside.”

Expungement is different in that it effectively seals all the records of your arrest and conviction—which means only you and your attorney have access to those records.

Not employers, not landlords, not the public. In this way, Prop 207 expungement can have a huge impact on those with prior Arizona marijuana convictions.
Are all marijuana convictions eligible for expungement?

No, just the Arizona marijuana crimes legalized by Prop 207, and only charges brought by the State of Arizona.

⦁ This means that if you were convicted of federal marijuana crimes, you cannot have your record expunged, because marijuana is still considered a controlled substance by the federal government.

Other marijuana charges that currently are not eligible for Arizona marijuana expungement include:

⦁ Driving under the influence of marijuana
⦁ Selling marijuana, marijuana plants, or marijuana-related products (like edibles) outside of a licensed dispensary
⦁ Possessing more than 12 marijuana plants

What does Prop 207 mean for marijuana convictions in Arizona?

Arizona Proposition 207 (also called the Smart and Safe Arizona Act) not only legalized recreational marijuana, it also dedicated a significant sum from the state’s medical marijuana fund for Arizona teachers, the Governor’s Office of Highway Safety, and public health councils addressing teen suicide, substance abuse prevention, and other public health issues.

Are federal marijuana crimes eligible for expungement?

No.

How long does it take for a marijuana expungement to be completed?

Approximately 4-6 weeks. The best advice is to start the process as soon as possible, even before the July 12 start date.

Who can see my marijuana record once it’s expunged?

The state of Arizona has always been known as a “set aside” state when it comes to criminal records.

That means that any conviction on your record would still appear on a background check but would be noted as being “set aside.”

But because of A.R.S. § 36-2862, you can request to have your marijuana record expunged and no one can see or know it except for you and your attorney.

If I get my marijuana record expunged, do I need to still disclose that on a job application?

No you do not have to disclose a prior marijuana conviction on a job, loan, or housing application after it has been expunged.

This is a huge benefit to getting your marijuana conviction expunged rather than set aside.

⦁ Any person who has their marijuana charges expunged may state that they have never been arrested for, charged with, convicted of, or sentenced for the crime that was expunged on any application, such as housing, employment, licensing, etc.

Can I get my marijuana crime expunged without going to court?

Almost all Arizona marijuana expungement cases can be successfully completed without going to court.

Can I apply for marijuana expungement online?

Yes.
Follow this link:
EraseMyMarijuanaCase.com

Can a current marijuana case be thrown out?

Yes.
A.R.S. § 36-2862 requires all current cases involving actions that are now considered legal by Prop 207 to be thrown out.

Under the new law:

On motion, the court shall dismiss with prejudice any pending complaint, information or indictment based on any offense set forth in subsection A of this section, to include charges or allegations based on or arising out of conduct occurring before the effective date of this chapter. The individual charged may thereafter petition the court to expunge records of the arrest and charge or allegation as provided in this section. A motion brought pursuant to this subsection may be filed with the court before July 12, 2021.

What Arizona Counties Are Dismissing Pending Marijuana Charges?

Apache County
Cochise County
Coconino County
Gila County
Graham County
Greenlee County
La Paz County
Maricopa County
Mohave County
Navajo County
Pima County
Pinal County
Santa Cruz County
Yavapai County
Yuma County

Even if you are up for sentencing, in a diversion program, pending trial, or facing a probation violation because of marijuana use, possession, transportation, or cultivation, these specific charges can be dropped.

Can I work with The Baker Law Firm Marijuana Expungements Attorneys in every Arizona county?

Yes, the Baker Law firm is licensed to help you anywhere in the entire state of Arizona. Plus it can be done online using our secure website: EraseMyMarijuanaCase.com

When can I get my marijuana conviction expunged?

Marijuana criminal convictions and records cannot be expunged before July 12, 2021.

However, there is nothing preventing you from working with EraseMyMarijuanaCase.com
right now to begin the process.

How can I get my Arizona marijuana conviction expunged?

Start your process as soon as possible online:

EraseMyMarijuanaCase.com

There’s paperwork that will need to be prepared by our attorneys prior to the filing date, and if the State wishes to deny your petition to expunge your record, you will want an attorney familiar with your case to represent you at the hearing.

Can I still get my marijuana record expunged if I was convicted and served time for my marijuana conviction prior to July 12, 2021?

Arizona Proposition 207 allows for your marijuana conviction and your record to be expunged.
The Baker Law Firm, LLC -Arizona Marijuana Expungements attorneys are standing by ready to assist you.

Apply Now For Your Marijuana Expungement:
EraseMyMarijuanaCase.com

What is Proposition 207?

Prop 207 came about when Arizona voters supported Prop 207 (Smart and Safe Arizona Act) on November 3, 2020, which legalized recreational marijuana in the state.

⦁ With that vote, the state of Arizona became the 13th state to legalize recreational marijuana use and possession for those 21 and older.
⦁ Prop 207 was placed on the ballot by the residents of Arizona and it passed with an overwhelming 60 percent of the vote.

Will all marijuana-related charges be thrown out?

No, just the marijuana crimes covered by Prop 207, and only charges that were brought by the State of Arizona.

⦁ This means that if you were convicted of federal marijuana crimes, you will be unable to have your record expunged, because marijuana is still considered a controlled substance by the federal government.

Other marijuana-related charges that currently may not be expunged include:

⦁ Driving under the influence of marijuana
⦁ Selling marijuana, marijuana plants, or marijuana-related products (like edibles) outside of a licensed dispensary
⦁ Possessing more than 12 marijuana plants

Who can see my marijuana record once it’s expunged?

The state of Arizona has long been known as a “set aside” state when it comes to criminal records. This means that any conviction on your record would still appear on a background check but would be noted as being “set aside.”

But if you have your marijuana record expunged, no one can see it except for you and your attorney.

On a job or loan application, if my Arizona marijuana record was expunged can I legally say I’ve never been convicted?

Yes.
If you have your marijuana record expunged, no one can see your marijuana record except for you and your attorney.

Can a current marijuana case be thrown out?

Prop 207 requires all current cases involving actions that are now deemed legal by Prop 207 to be thrown out.

The new law says:

On motion, the court shall dismiss with prejudice any pending complaint, information or indictment based on any offense set forth in subsection A of this section, to include charges or allegations based on or arising out of conduct occurring before the effective date of this chapter. The individual charged may thereafter petition the court to expunge records of the arrest and charge or allegation as provided in this section. A motion brought pursuant to this subsection may be filed with the court before July 12, 2021.

Maricopa County has already begun dismissing any pending charges related to these crimes. Even if you are up for sentencing, in a diversion program, pending trial, or facing a probation violation because of marijuana use, possession, transportation, or cultivation, these specific charges can be dropped.

How will my marijuana record be expunged?

It’s important to note that records cannot be expunged before July 12, 2021.

However, there is nothing stopping you from applying with EraseMyMarijuanaCase.com to begin the process. There’s documents that will need to be prepared prior to July 12, 2021, and if the State wishes to deny your petition to expunge your record, you will definitely want an attorney to represent you at the hearing.

What Does Prop 207 Mean For Marijuana Convictions in Arizona?

Arizona Proposition 207 (also called the Smart and Safe Arizona Act) not only legalized recreational marijuana, it also dedicated a significant sum from the state’s medical marijuana fund for Arizona teachers, the Governor’s Office of Highway Safety, and public health councils addressing teen suicide, substance abuse prevention, and other public health issues.

In addition, under Chapter 28.2 of Arizona Revised Statutes (A.R.S.) Title 36, a crucial part has been added regarding the expungement of certain marijuana convictions in Arizona.

A.R.S. § 36-2862 addresses the following three types of Prop 207 marijuana convictions.

⦁ Possession, Consumption, or Transportation of Marijuana

Under the new statute, those who were convicted or charged with possessing, consuming, or transporting 2.5 ounces of marijuana (if in the form of marijuana concentrate, 12.5 grams) or less are eligible to petition for the expungement of any record of their arrest, charge, conviction, adjudication, and sentence.

⦁ Possession, Transportation, or Cultivation of Marijuana Plants

⦁ Possession, Use, or Transportation of Marijuana Paraphernalia

Those who were convicted or charged with possessing, using, or transporting paraphernalia relating to the cultivation, manufacture, processing, or consumption of marijuana are eligible to petition for the expungement of any record of their arrest, charge, conviction, adjudication, and sentence.

Note: The Maricopa County Attorney’s Office (MCAO) announced that it will be dismissing all pending or unfiled charges of possession of marijuana, associated paraphernalia charges, and any charge covered by Prop 207, including all cases pending in Early Disposition Court, those currently in diversion or pending trial, and those set for sentencing or Arizona probation violation hearings. Those in other Arizona counties may file a motion to dismiss pending complaints, information, or indictments relating to A.R.S. § 36-2862.

When Does Arizona Proposition 207 Take Effect?

Prop 207 passed during the November 3, 2021 General Election with about 60% of voters in support. On November 30, 2020, the Arizona Department of State’s Office certified the decision, officially legalizing the possession, cultivation, and use of recreational cannabis for adults over the age of 21.

Parts of the new law, however, won’t go into effect until July 12, 2021. The Arizona Department of Health Services (ADHS) is currently in the process of authorizing retail stores and delivery services for recreational use. As of March 15, 2021, 130 retail recreational marijuana licenses have been granted.

For those with Prop 207 marijuana convictions or charges, the ability to petition the court for the expungement of these offenses under A.R.S. § 36-2862 will not begin until July 12, 2021.

What’s The Difference Between Prop 207 Marijuana Expungement and Setting Aside Convictions?

Part of the reason why the passing of Prop 207 is unique is because historically in Arizona, criminal records cannot be expunged; rather, they can only be “set aside”.

⦁ When a conviction is set aside, it still remains part of public record. This means it would still show up on a background check, although it will be noted that it has been set aside.

⦁ But expungement is different in that it effectively seals all the records of your arrest and conviction—which means only you and your attorney have access to those records. Not employers, not landlords, not the public. In this way, Prop 207 expungement can have a huge impact on those with prior marijuana convictions.

How Do I Expunge a Marijuana Conviction in Arizona?

Until July 12, 2021, marijuana convictions and arrest records will only be able to be set aside, not expunged. In order to expunge a marijuana conviction in Arizona, you will need to file a petition for expungement with the court on or after July 12, 2021. If you are considering having your marijuana conviction set aside, you should instead apply for marijuana expungement now to take advantage of Proposition 207 and have your marijuana record cleared versus merely set aside..

Apply For Your Marijuana Expungement Now:
EraseMyMarijuanaCase.com

After you have filed, the court will give the prosecuting agency 30-days notice to respond to your petition for expungement. If they dispute the validity of your petition, you may be called to a hearing. At this hearing, the prosecuting agency will be required to produce clear and convincing evidence that you are in fact not eligible for expungement.

If the court grants your petition, it will issue a signed order stating that it has expunged all records of your arrest, charge, conviction, adjudication, and sentence. Your civil rights will be formally restored, your records will be sealed, and the appropriate agencies will be notified, including the Department of Public Safety, the prosecuting agency, and the arresting law enforcement agency.

If the court denies your petition, you and your attorney may file an appeal.

Get Help From a Qualified Arizona Marijuana Expungement Attorney Online

For literally tens of thousands of people with marijuana convictions in Arizona, the passing of Proposition 207 represents far more than just the freedom to purchase and consume recreational cannabis.

Those with previous Prop 207 marijuana convictions now have the opportunity to clear their criminal record, improving their career prospects and overall quality of life.

Apply Online For Marijuana Expungement:
EraseMyMarijuanaCase.com

Legalizing Marijuana And Expungement Of Records

As the legalization or decriminalization of marijuana has now passed in many states, the expungement of criminal records has finally attained a prominent role in the marijuana reform agenda. New laws made by the Arizona State Legislature that allow marijuana expungement and other forms of record relief, such as sealing and set-aside, have now been enacted.

Most of these laws cover only very minor offenses involving small amounts of marijuana, and require individuals to file petitions in court to obtain relief. But Arizona has authorized streamlined record reforms that will do away with petition requirements and cover more offenses.

Currently:

⦁ 26 states, D.C., and one territory have legalized or decriminalized marijuana to some degree.
⦁ Eleven states and D.C. have done both.
⦁ Seventeen states and D.C. have enacted expungement, sealing, or set-aside laws specifically for marijuana, or targeted more generally to decriminalized or legalized conduct.
⦁ Four states have pardon programs for marijuana offenses.

History Of Marijuana Decriminalization

Starting in the 1930s, Congress and many states criminalized marijuana and gradually increased the penalties.

⦁ Between 1973 and 1978, nearly a dozen states decriminalized offenses involving small amounts of marijuana, making the maximum penalty a fine. And after a 20 year pause more than a dozen additional states followed suit. Some of these new marijuana decriminalization laws authorized people to petition the courts to expunge convictions for conduct that is no longer punishable by incarceration.
⦁ At least 33 states and D.C. now have such marijuana decriminalization laws.

The legalization of recreational use and sales of marijuana began in 2012 and 2014, although the first states to legalize showed little interest in allowing the expungement of previous marijuana arrests and convictions.

It was not until 2016 that one marijuana legalization state, California, began considerable efforts to offer relief for people with marijuana records. California’s 2016 ballot referendum included important provisions authorizing courts to seal records, reduce offense levels, and re-sentence people in jails and prisons, upon request. A number of local district attorneys began to proactively secure relief on people’s behalf.

Encouraged by these developments in California and other efforts by marijuana reformers to push for removal or reduction of past convictions, many marijauna expungement groups called for greater “linking and leveraging” of the marijuana reform and expungement movements.

In 2018, four states authorized record expungement relief specific to marijuana crimes, as part of a set of 29 bills authorizing criminal record relief more generally.

California’s law was the most detailed, providing marijuana conviction expungement procedures allowing at the state and county level to seal and reduce marijuana arrests and convictions without requiring individuals to file applications. Pennsylvania, started a trend toward automating record relief for a range of non-conviction and conviction records more widely.

In 2019, a set of 67 bills creating, expanding, or streamlining criminal record relief, eight states authorized record relief specific to marijuana offenses (DE, HI, IL, NH, NJ, NY, OR, WA), with automatic processes authorized in Illinois, New Jersey, and New York. Following Pennsylvania’s lead from the previous year, Utah, California, and New Jersey enacted important generally applicable “clean slate” automatic relief measures.

A look at marijuana expungement laws across the US

So far seventeen states and D.C. that have enacted marijuana expungement, sealing, or set-aside laws specifically for marijuana, decriminalized, or legalized offenses. Most of these states authorize people to submit petitions to expunge convictions involving small amounts of marijuana.

Two states authorize petitions for a wider range of offenses with simplified procedures. Recently, four states have gone much further, expanding eligibility criteria to a broader range of offenses and streamlining procedures to provide automated relief.

Four states have laws that direct the government to provide for automatic relief, and authorize expungement relief, for a wide range of marijuana offenses (CA, IL, NY, NJ):

⦁ CA: Prob. 64 (2016) authorized individuals who had completed a sentence for a wide range of marijuana offenses to petition the court to either have the conviction dismissed and sealed, resentenced, and/or redesignated, depending on the offense. AB 1793 (2018) replaced the requirement of individualized filings with an authority for systematic relief for eligible cases (unless the prosecutor objects), to be completed by July 1, 2020. Records of arrest and conviction for possession or transportation of small amounts of marijuana, adult or juvenile, “shall not be kept beyond two years from the date of the conviction or from the date of the arrest if there was no conviction…” Most marijuana offenses by individuals under 18 are destroyed when the person reaches 18.

⦁ IL: In 2019, Illinois authorized automatic expungement of “minor cannabis offenses” (defined as involving possession of not more than 30 grams, no enhancements and no violence) in two phases: the state police were directed to identify eligible arrests and convictions and 1) to take steps themselves to expunge arrests not resulting in conviction; and 2) to send eligible convictions to the governor through the Prisoner Review Board for a pardon authorizing expungement. In December 2019, Governor Pritzker issued pardons to 11,017 people with eligible convictions. The law also authorized courts to expunge misdemeanors and Level 4 felonies involving a greater amount of marijuana, on petition by the affected individual or the State’s Attorney, subject to a balancing test.
⦁ NJ: While efforts to decriminalize and legalize marijuana failed in 2019, a bill was enacted that expanded expungement eligibility to a broad range of marijuana and hashish convictions (along with other classes of offenses), directed for the development of an automatic “sealing” system for such convictions where all terms of the sentence have been completed (including payment of any financial assessment), and authorized courts upon petition to seal records immediately upon completion of sentence.
⦁ NY: SB 6579 (2019) provides for automatic vacatur and expungement of convictions for offenses for possession of two ounces or less of marijuana, to be completed by August 27, 2020. The expunged record is only available to the subject of the record and is destroyed upon written request. The law provides for an information campaign to inform the public of automatic marijuana expungement.
⦁ Oregon and Washington state authorize petitions to set-aside, vacate, or reduce a broader set of marijuana offenses with streamlined procedures
⦁ OR: Persons with convictions for possession, delivery, or manufacture of marijuana may file a motion to set aside the conviction after one year, if the defendant was under 21 at the time of conviction, has not been convicted of another offense excluding traffic violations, and has fully complied with and performed the sentence. For purposes of eligibility for set aside, marijuana offenses committed before April 21, 2017, are classified as if the conduct occurred after 21, 2017, and decriminalized offenses are treated as class C misdemeanors. Persons with convictions committed before July 1, 2015 for marijuana possession of less than 1 ounce, who have fully served the sentence, may apply for set-aside without paying any fee, file fingerprints, or complete a background check or identification. A person may file a motion to reduce the offense classification of a marijuana conviction if, since the conviction, the offense has been reduced and the person has fully served the sentence; no fee may be charged. The Oregon Circuit Courts have set up an online filing system for marijuana set-asides and reductions.
⦁ WA: Any person convicted of a misdemeanor marijuana offense, who was 21 years or older at the time of the offense, may immediately apply to the sentencing court to vacate the conviction, and if the person is eligible, the court “shall” do so.
⦁ Eleven states and D.C. have authorized record relief in cases where the offense conduct has since been decriminalized or legalized (CO, CT, DC, DE, HI, MD, MA, MN, NV, NH, RI, VT):
⦁ CO: Upon petition, courts must seal the records of misdemeanor marijuana possession or use offenses that would not have been crimes if committed on or after December 10, 2012. Anyone convicted or charged with underage possession or consumption of marijuana may apply for sealing.
⦁ CT: Upon petition, court must order destruction of convictions and other criminal records in cases where the charges resulting in conviction have been decriminalized.
⦁ DC: Persons with conviction and non-conviction records for decriminalized and legalized offenses may file motions to seal the records (a motion “shall” be granted unless there were other associated charges or convictions, in which case it may be granted “in the interests of justice”).
⦁ DE: Any person convicted of a single offense for possession, use, or consumption of marijuana under Del. Code Ann. tit. 11 § 4373, prior to December 18, 2015, is eligible to petition the state police for mandatory expungement (provided the other requirements for mandatory expungement are met). Any person convicted of a single offense for possession, use, or consumption of 1 ounce or less of marijuana, who was under the age of 21 at the time of the offense, may upon reaching the age of 21 apply to the court for expungement.
⦁ HI: Upon motion, a court “must” grant expungement of a conviction for possession of three grams or less of marijuana, if no other charges were brought.
⦁ MD: A person may petition for expungement of a conviction if “the act on which the conviction was based is no longer a crime.” A person may also petition for expungement of any conviction for marijuana possession four years after satisfactory completion of sentence, including probation.
⦁ MA: Upon request, records of conviction for an offense “which is no longer a crime” may be sealed immediately, “except in cases where the elements of the offense continue to be a crime under a different designation.”
⦁ MN: A person who was convicted of an offense prior the 1976 decriminalization of possession or sale without remuneration of 42.5 g or less of marijuana, and the conviction would now be a petty misdemeanor, may petition for expungement.
⦁ NV: A person convicted of an offense that is “no longer punishable as a crime” (except traffic offenses) may submit a request to the court to seal the record, which “shall” be granted unless there is an objection from the prosecutor, with a showing of good cause by clear and convincing evidence why the request should not be granted. No filing fee may be charged.
⦁ NH: A person who was arrested or convicted before September 16, 2017 for obtaining, purchasing, transporting, or possessing 3/4 ounce of marijuana or less, may at any time petition the court to annul the arrest and court record.
⦁ RI: A person may immediately file a motion for the expungement of records “related to an offense that has been decriminalized subsequent to the date of their conviction.” The court must hold a hearing, and if it finds that all conditions of the sentence have been completed, including the payment of fines, fees, the court shall order the expungement without cost to the person.
⦁ VT: A person who “was convicted of an offense for which the underlying conduct is no longer prohibited by law or designated as a criminal offense” may petition for expungement immediately upon completion of sentence, including satisfaction of any restitution. Expungement “shall” be ordered “unless the court finds that expungement would not be in the interest of justice.”
⦁ Beyond marijuana- and decriminalization-focused expungement laws, many states have general record relief laws that may apply to marijuana offenses among other offenses.

In addition, four states have established pardon programs specific to marijuana offenses (IL, ND, PA, WA):

⦁ IL: As discussed above, Illinois authorized automatic expungement of “minor cannabis offenses” which includes sending eligible convictions to the governor through the Prisoner Review Board for a pardon authorizing expungement. In December 2019, Governor Pritzker issued pardons to 11,017 people with eligible convictions.
⦁ ND: A Pardon Advisory Board policy adopted in 2019 authorizes people convicted of marijuana possession who have had no convictions in the past five years to “submit a Summary Pardon Application” (form, July 2019). In Jan. 2020, the governor pardoned 16 people under this authority (of 26 recommended by the board). As of Feb. 2020, the board was seeking more applicants. The Office of the Governor estimates that as many as 175,000 people may be eligible for relief.
⦁ PA: The Pennsylvania Board of Pardons has established an expedited review program for certain non-violent marijuana convictions.
⦁ WA: Gov. Inslee has pardoned a number of people convicted of marijuana possession offenses no longer criminal under state law, pursuant to his Marijuana Justice Initiative (eligibility: sole conviction for adult (21+) misdemeanor marijuana possession, between Jan. 1, 1998-Dec. 5, 2012, prosecuted under WA state law).

How To Get Your Arizona Marijuana Record Expunged

Get Help From a Qualified Arizona Marijuana Expungement Attorney

For literally tens of thousands of people with marijuana convictions in Arizona, the passing of Proposition 207 represents far more than just the freedom to purchase and consume recreational cannabis. Those with previous Prop 207 marijuana convictions now have the opportunity to clear their criminal record, improving their career prospects and overall quality of life.

Apply For Your Marijuana Expungement Now:
EraseMyMarijuanaCase.com

A Division Of:
The Baker Law Firm, LLC
Phoenix Criminal Defense Attorneys
Phoenix Family Law Attorneys
702 E. Coronado Road
Phoenix, AZ 85006
Phone: 602-842-0359

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