For too long prosecutors have vigorously enforced the state’s marijuana laws, turning many everyday people into convicted criminals, often felons. All of that changed in 2020 when Arizona passed Proposition 207 (“Prop 207”), legalizing recreational marijuana use for adults. However, legalization was only one portion of the new law. This is important for anyone who has ever been convicted of a marijuana offense in Arizona, whether it was a felony or a misdemeanor: Prop 207 allows for anyone who has ever been convicted of certain weed charges to petition the court for expungement of the conviction. The benefits of expungement are numerous, and it is the only crime that can be fully expunged in Arizona. Bretton Barber is a Phoenix lawyer who opened his practice in 2013 with a devotion to helping those set aside their convictions and restore their civil rights. He devotes his practice to vigorously ensuring that those convicted of crimes and have paid their debts to society are able to be full citizens again. He focuses on this area of law so that you may focus on your future. Contact us today to speak with an attorney.
Can I get my Arizona marijuana conviction expunged under Prop 207?
Under Prop 207, three types of charges can be expunged:
- Possession of Marijuana, Consumption of Marijuana, or Transportation of Marijuana if the quantity involved was 2.5 ounces or less.
- Possession, Transportation, Cultivating, or Processing six or less marijuana plants at a person’s primary residence.
- Possession of Paraphernalia, Using Paraphernalia, or Transporting Paraphernalia as long as it is related to marijuana.
The two most common crimes that people were charged with in this list are Possession of Marijuana and Possession of Drug Paraphernalia. However, all of the listed offenses are eligible for expungement. An attorney can help you to understand whether you will be eligible to expunge your conviction.
What are the benefits of expunging my Arizona marijuana conviction?
Prior to the passage of Prop 207, the only way to change how a pot conviction looked on a background check was to ask the court to set the conviction aside. While this brought many benefits, expungement is even more attractive. These are the major benefits to having your conviction expunged:
- Receive a signed judge’s order that vacates the conviction.
- The order states that it expunges any record of the arrest, charge, conviction, adjudication and sentence (this is important for people who entered into diversion programs and had their cases dismissed after successfully completing diversion; it is possible to have the existence of the case, although dismissed, completely erased).
- The order states that any civil rights lost as a result of the conviction, including the right to bear arms, are restored (this is important for anyone convicted of a felony marijuana offense).
- Require notification to the Department of Public Safety, the prosecuting agency, and the arresting agency of the expungement order.
- Require that all records related to the charge be sealed permanently.
- Require the Department of Public Safety to remove any of the expunged records from the person’s criminal background check, and to notify the FBI of the expungement for background check purposes.
- Any expunged convictions cannot be used for any subsequent conviction for any purpose (this is essential for those convicted of felonies because an expunged conviction cannot be used against the person to increase the sentence should there be a future felony prosecution).
- Any person who has their weed 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.
Prop 207 is incredible in the large number of marijuana convictions that can be expunged and, more importantly, the benefits of the expungement cannot be overstated.
Bretton Barber is a Phoenix expungement lawyer who aggressively fights for those who have been convicted of crimes, paid their debt to society, and no longer want to feel like second-class citizens. After reviewing your case to determine if you are eligible for expungement, Mr. Barber will talk with you about the process. He will answer all of your questions and ensure that your expungement petition is successful. Mr. Barber recognizes how serious it is to have a weed charge on your background, and he will take it seriously. Contact us today.
In addition to Phoenix, we service Maricopa County areas such as Mesa, Glendale, Scottsdale, Chandler, and Gilbert as well as Pima County residents in Tucson.
