State Marijuana Record Expungement

If the court grants an expungement petition under Prop 207, the following will happen related to the expunged charge:

• any conviction and sentence will be vacated;

• any fines still owed will be waived;

• any existing warrant(s) on the charge will be quashed;

• the court file will be sealed;

• law enforcement records will be sealed (arresting agency, prosecutor, DPS);

• sealed records will only be available to the defendant or their attorney;

• the offense cannot be used as a prior conviction;

• the defendant’s civil rights (voting, firearms) may be restored;

• the defendant may truthfully say that they have never been arrested, cited, charged, convicted, or sentenced for the charge being expunged.

Eligible Arizona Offenses

You can qualify for expungement even if you were never convicted or served jail time. In addition, you can qualify even if you have not completed the terms of a sentence for a qualifying offense. ARS § 36-2862 says eligible petitioners are those who were arrested, charged, convicted, sentenced, or acquitted of any of the following offenses:

• Possessing, consuming, or transporting two and one-half ounces or less of marijuana, of which not more than twelve and one-half grams was in the form of marijuana concentrate;

• Possessing, transporting, cultivating, or processing not more than six marijuana plants at your primary residence for personal use; or

• Possessing, using, or transporting paraphernalia related to the cultivation, manufacture, processing, or consumption of marijuana.

Federal Convictions: Presidential Proclamation on Marijuana Possession, Attempted Possession, and Use:

In 2022 and 2023, President Biden issued presidential proclamations that pardoned many federal offenses for simple marijuana possession, attempted possession of marijuana, and use of marijuana. These pardons are not automatic; those who qualify must still apply for their certificate of pardon.

Vanguard Defense Group can handle your marijuana-related state expungement or federal pardon application. Call us for a free consultation.