Anyone who has a marijuana conviction on their criminal record knows how difficult it can be to overcome. A criminal record can stand in the way of education, employment, and housing opportunities, and there is unfortunately still a social stigma around having a record. Fortunately, Arizona has recognized the positive impact that having a clean record may have on someone’s life, so the state has recently changed the law to allow Arizonans with marijuana convictions to petition to clear the conviction from their records, taking effect in July 2021. Read on to learn more about the process to expunge your Arizona marijuana conviction.

How Did the Law Change?

Generally, criminal convictions cannot be expunged from a criminal record. Arizona offers a “Set Aside,” which is somewhat different from an expungement. An expungement completely erases a criminal record from all court documents and police records, essentially making it so the crime never happened. Arizona generally does not offer expungements, but rather “Set Asides,” which are notices that you have served your sentence and probation and all fines and fees are paid.

In 2019, Arizona passed an official ballot measure legalizing marijuana. Some of the major points of the bill include:

• Recreational marijuana use is legal for persons twenty-one years and older
• Marijuana sold in the state must be tested, labeled, and subject to regulations
• Legitimate businesses are responsible for selling marijuana pursuant to regulations
• Employers may still enforce drug policies and test for marijuana use
• Driving under the influence of marijuana is still against the law
• Selling marijuana to minors is against the law

In addition to these measures legalizing and regulating the use of recreational marijuana, the law also addresses certain reforms to retroactively provide justice for those convicted of marijuana offenses. One of these key reforms is the allowance of criminal record expungements for marijuana offenses.

Expungement of Marijuana Offenses in Arizona

Beginning on July 12, 2021, Arizona is going to allow individuals arrested, charged, adjudicated, or convicted of marijuana offenses to petition the court for an expungement of their criminal record. The offenses that may be expunged include:

• Possessing, consuming, or transporting two and a half ounces or less of marijuana, of which not more than twelve and a half grams was in the form of marijuana concentrate
• Possessing, transporting, cultivating, or processing not more than six marijuana plants at the primary residence for personal use
• Possessing, using, or transporting paraphernalia relating to the cultivation, manufacture, processing, or consumption of marijuana

Process for Getting a Clean Record in Arizona

Unfortunately, the expungement will not be automatic, as it is in some states like Illinois and California. If you believe you have a criminal record that this law may impact, you should contact an Arizona criminal defense attorney to understand your options. The process for requesting an expungement generally goes as follows:

1. File a Petition

First, you must file a petition with the court requesting an expungement. An experienced criminal defense attorney can help you with this process. This will involve filling out some paperwork outlining the charges that you are petitioning the court to remove from your record. The court then notifies the prosecuting attorney, who must then respond to the petition within thirty days.

2. Hearing

The court may hold a hearing if either the petitioner or the prosecuting agency requests one, or if the court identifies disputes of fact as to whether the petition for expungement should be granted.

3. Expungement Granted

The court must grant the petition unless the prosecutor establishes by clear and convincing evidence that the petitioner is not eligible for expungement. The court signs an order either granting or denying the petition.

4. Expunge the Records

This is the most important part of the expungement process: having the arrest or conviction records wiped away from the public view. The signed order will vacate the judgment of adjudication or conviction, officially expunge the record of the arrest, charge, conviction, adjudication, and sentence, and restore the civil rights that were lost, such as owning a firearm, unless the petitioner is not otherwise eligible for such civil rights restoration. The clerk of courts must then notify all law enforcement agencies about the expungement order, which requires them to redact all documents referring to the criminal charge. The clerk of courts must also seal all records relating to the expunged charge. If the petitioner is not indigent, they may be charged a reasonable fee related to the expenses of expunging all of these records.

Benefits of an Expungement

There are various studies showing the benefits of expunging certain criminal convictions. Not only does expungement benefit the recipient of the expungement, but it also is shown to have a positive social and economic impact as well.

Benefits to the Individual

• Increased Employment Opportunities. Even though one-third of working-age Americans have a criminal record of some sort, employers are still allowed to refuse to hire somebody based on a criminal background check. If an Arizona marijuana conviction is standing in your way of finding meaningful employment, an expungement may help clean your record and open new doors for you.
• Education. Applying for higher education sometimes means answering difficult questions about criminal history. When a record is expunged, you do not need to provide any information about that charge when applying. It is as though the arrest, charge, or conviction never happened.
• Social stigma. Although family and friends do not necessarily know about the existence of a criminal record, knowing that there are publicly accessible records of past offenses can be emotionally difficult. Expungements give you the peace of mind that those past mistakes are forgiven and no longer visible.
• Can’t be used for future sentencing. Having a criminal record also means if you were ever sentenced for a future crime, your sentence may be more severe considering past offenses. The new Arizona law prohibits expunged records from being used in future prosecutions for any reason.

Benefits to Society

• Increased employment levels
• Improved average income
• Growth in GDP
• Increased tax revenue
• Decrease in government assistance payments
• Reduced recidivism
• Improved family life

Contact a Criminal Defense Attorney

This Arizona ballot measure was a huge stride in restoring justice to people arrested, charged, convicted, and sentenced for minor drug crimes. If you believe you may be eligible for an expungement, you should contact a criminal defense lawyer to understand the process. Beginning in July 2021, the Arizona courts will start receiving petitions for expungements, so be sure to start the process early so you are prepared to apply for your petition when the time comes. The initial rollout of this program may be tricky, as many court records do not specify how much marijuana someone was in possession of when they were convicted, so it is still unclear how the prosecuting attorneys will handle this issue. Working with a criminal defense attorney will help ensure that the process goes smoothly and efficiently. Although a prosecutor may object to your petition, it will vary from prosecutor to prosecutor. An expungement can change your life. You do not want to leave anything to chance. Speak with an expungement lawyer today.