Are marijuana crimes eligible for expungement in Arizona?

Are marijuana crimes eligible
Oct 25 2021
Ryan Garvey Attorneys

When you live in Arizona and have a marijuana-related offense in your past, you may find that it creates barriers when it comes to finding employment, among other areas. However, the passage of Proposition 207 means that you may be able to petition to have your marijuana offense expunged from your record.

Per U.S. News and World Report, the Safe and Smart Act legalized recreational marijuana in Arizona for Americans of a certain age. It also contains information about how those with marijuana offenses may seek to reduce the harm they cause them.

How the expungement statute works

Before the expungement statute took effect, Arizona residents with marijuana offenses could petition to have them “set aside.” However, this is different than an actual expungement. An expungement, in some cases, eliminates an offender’s felony record. This means that if you have a felony preventing you from voting, owning a handgun or what have you, it no longer does so once the expungement goes through.

What offenses are eligible for expungement

You may be able to have your marijuana offense expunged if it was for possession, consumption or transportation of 2.5 ounces of the substance or less. The same holds true if your offense was for owning, using or moving marijuana paraphernalia. You may also be able to pursue an expungement if you received a conviction for growing, transporting or processing six or fewer marijuana plants.

When you file a petition for expungement in Arizona, prosecutors have 30 days to object to it. If they do not, the expungement typically becomes official.

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