Marijuana Expungement of Drug Charges
In this helpful article about Arizona Marijuana Expungement Laws, we will discuss the following topics:
Marijuana Expungement in Arizona
In November of 2020, Arizona voted on Proposition 207 which led to the ability to file a petition to the courts to expunge certain marijuana drug charges. This is an incredible victory for those that, even with the smallest of infractions, can put this behind them.
Arizona has legalized marijuana, and eligible marijuana-related arrests and convictions are now eligible for expungement.
People that have marijuana-related convictions on their criminal records may now apply for expungement. Don’t let carrying around a marijuana charge hold you back from living the life you want to live.
Take our free eligibility test today to determine if you are eligible.
Who Qualifies for Marijuana Expungement?
Individuals who have been arrested and/or convicted for one of the following:
- Possessing, using, or transporting paraphernalia related to the manufacture, processing, or consumption of marijuana
- Possessing, transporting, or processing 2.5 ounces or less of marijuana
- Possessing, processing, or growing no more than six marijuana plants at the individual’s primary residence
Set Aside a Marijuana Charge
In Arizona, an individual can petition to have a marijuana charge “set aside” through a process called “set aside and dismissal.”
Under Arizona Revised Statute 36-2862, this process allows an individual to have the marijuana charge dismissed and the arrest record sealed, essentially erasing the conviction from their criminal record.
The court decides whether the marijuana infraction is no longer a crime under current Arizona law after the request has been submitted to the court and served on the State Attorney.
According to this suggestion, the three distinct categories of marijuana instances mentioned above are eligible for expungement, and the court will award the expungement if the case is eligible.
The eligibility requirements are the only factors taken into consideration by the court.
So, the court must accept your lawsuit if it meets the requirements!
However, this process often takes 3-4 months from start to finish, so the sooner you contact us, the sooner we can help ensure that your charge is erased from your record.
The Benefits of Having Your Marijuana Charge Expunged
A person who has had their record of arrest, charge, adjudication, conviction, or sentence erased in this manner is allowed to claim that they have never, ever been charged with, adjudicated as guilty of, found guilty of, or punished for the offense that is the subject of the expungement.
Having your marijuana record set aside essentially means that it did not exist.
A marijuana expungement could give you the clean slate you deserve and can make it easier for you to live your everyday life.
This sense of relief is something that everyone deserves to feel, and we are here to help. Our free eligibility test is a great starting point to see if you qualify and what your next steps will be.
Conclusion:
Navigating the laws governing marijuana expungement can be challenging.
It is essential to understand that eligibility requirements are the only factors the court considers for setting aside a marijuana charge.
If you are looking to have your marijuana charge set aside, it is important to seek the advice of an experienced record-seal attorney. Contact us today by dialing (602) 536-8866.
Marijuana Expungement Laws in Arizona
Expungement refers to the process of sealing or destroying criminal records so they are no longer accessible to the public. In Arizona, individuals who have been convicted of certain marijuana offenses may be eligible to have their records expunged
To be eligible for expungement in Arizona, you must have completed your sentence, including any probation or parole, and not have any new criminal charges. Additionally, you must have been convicted of a marijuana offense that is eligible for expungement under Arizona law.
Individuals who have been arrested and/or convicted for one of the following:
- Possessing, using, or transporting paraphernalia related to the manufacture, processing, or consumption of marijuana
- Possessing, transporting, or processing 2.5 ounces or less of marijuana
- Possessing, processing, or growing no more than six marijuana plants at the individual’s primary residence
To apply for expungement, you will need to file a petition with the court where you were convicted. You will also need to pay a filing fee and provide the court with a copy of your criminal record.
The expungement process can take several months to complete. The court will review your petition and may hold a hearing to determine if you are eligible for expungement.
Expunging a marijuana conviction may not affect your immigration status. However, you should consult with an immigration attorney for advice on how your expungement may impact your immigration status.
Expunging your marijuana conviction may make it more difficult for employers to find out about your past criminal history. However, it is not a guarantee that it will be impossible for them to find out.
Yes, you can apply to expunge multiple marijuana convictions in Arizona, as long as they are eligible for expungement under state law.
No, expunging your marijuana conviction will not restore your firearms rights in Arizona. You will need to petition the court to have your firearms rights restored separately.
Yes, an attorney can help you navigate the expungement process and ensure that your petition is filed correctly and presented to the court. They can also represent you at any hearings and provide guidance on potential legal issues.
Start With Your Free 5-Minute Eligibility Survey
Take our free online eligibility test to find out what choices are available for your specific Arizona case and get started in the right direction to getting your rights back!
AZ Expungement Lawyer Reviews
"I was arrested and charged with DUI a few years ago and I have my CDL and do not want it to show anywhere on my MVD record. Arja helped make that possible! Without her help to remove the charge off my record and seal my record, I would always live with the guilt of it being there."
"Arja was incredible with my case. She was patient with me as it was my first time dealing with anything law related and I had a million questions. She always had my back. Now that the one mistake I made is in the past, I can finally move on without the stigma of a bad record. I totally recommend Arja Shah to anyone in the valley who needs her help."
"Arja was a lifesaver for me. I had a record that was holding me back from getting the job I wanted because I had to "check the box" on applications. Arja was able to successfully get it set aside. The process was smooth and stress-free, and I couldn't be happier with the outcome. I highly recommend Arja for anyone in need of expungement services."
"Unfortunately I was involved in an accident a few years back that was my fault. My attorney Arja was a true lifesaver for me. She handled everything for me and was able to get my license reinstated and the charge doesn't show up on my driving record. I highly recommend her for anyone in need of expungement services."
Mrs. Shah was able to seal my record, which has given me a fresh start and the ability to move on from my past mistakes. The process was handled with professionalism and Arja was always available to answer my questions. I'm eternally grateful!
