Historically, Arizona state laws have not allowed citizens to expunge their records. (Expungement is the act of completely erasing or concealing an individual’s record.) Instead, Arizona citizens could request their convictions be “set aside.” When compared to an expungement, a set aside simply denotes that an individual has completed (paid) all aspects of their sentence – jail time, fines, community service, etc.

While a set aside is an acknowledgement by the judicial system that an individual has paid their dues, it does not prevent others, such as potential employers, from seeing the conviction on the individual’s record. This can make rehabilitation and reintegration into society difficult on the whole.

After Arizona citizens voted to legalize recreational marijuana by passing Proposition 207 in November 2020, Arizona citizens with previous marijuana convictions became eligible to expunge their records for the first time in recent state history.

But what exactly does this mean? Who qualifies? What is the process? Our team of talented criminal attorneys are here to help answer your questions and provide clarity on a topic that has, for years, greatly confused Arizona citizens at large.

To start, let’s cover the basics of marijuana laws in Arizona.

The History of Arizona’s Strict Marijuana Laws and Your Rights

Arizona has come to be known as one of the toughest states when it comes to marijuana laws and convictions; especially in regards to drugged driving. In fact, Arizona was – and, in many ways, continues to be – a zero tolerance state. This means that, prior to the adoption of Proposition 207, an individual caught in possession of marijuana without a legal medical marijuana card (or if marijuana or metabolite was found in their system) immediately faced charges.

Even today, individuals under the age of 21 are not allowed to be in possession of marijuana. An intoxicated minor or a minor found in possession of marijuana can be arrested and charged – regardless of how much of the drug is in their system.

In 2010, Arizona voted to legalize medical marijuana, which established specific regulations as to who could legally possess marijuana and in what amount. In order for an Arizona citizen to qualify for a medical marijuana card, the individual must be 18 years or older and have at least one qualifying condition. To apply, you have to have a valid form of identification, register with the Arizona Department of Health Services, and pay all applicable fees. As of 2019, there were 200,000 legal cardholders throughout the state – a number that has continued to increase.

For those who are eligible and approved for a medical marijuana card, each individual patient is eligible to buy up to 2.5 ounces of medical marijuana every two weeks. At any one time, an individual with a valid medical marijuana card can also be found with up to 2.5 ounces in their possession.

In 2020, ten years after the legalization of medical marijuana in the state, citizens passed Proposition 207 to legalize recreational marijuana. Similar to medical marijuana, qualifying citizens can be in possession of up to 2.5 ounces of marijuana or 12.5 grams of concentrate. Citizens are also allowed to legally grow up to six marijuana plants.

Individuals with marijuana convictions for possession of 2.5 ounces or less (or any of the other items outlined in the Proposition) qualify for expungement.

The Benefit of Expunging Your Marijuana Conviction

There are a number of benefits to getting your conviction expunged, both legally (improving your permanent record) and in terms of restoring your civil liberties. A marijuana conviction in Arizona can lead to issues finding employment and the inability to vote; something that “setting aside” your conviction cannot rectify. Additionally, convictions in Arizona stay on your record until you are 99 years old, which can make moving on difficult.

In some instances, an individual’s Second Amendment right may also be suspended. For individuals who are convicted of a serious offense – particularly, one in which physical injury occurred – firearm rights cannot be legally restored.

After getting out of prison, it is important for an individual to be able to re-adapt to society at large; and that includes getting a job. However, it is frequently difficult for people convicted of a crime, even if it’s marijuana, to find work. A crime, no matter the amount of time that has passed, will appear on a permanent record check – something many, if not most, companies do as part of the background check portion of the hiring process. Unfortunately, this means that the convicted individual my not be able to gain employment.

Where, previously, having a “set aside” on your record could tell employers that you successfully completed all aspects of your sentence, having your conviction expunged removes it completely, making it impossible for potential employers to see this on your record whatsoever (because it will be sealed or removed completely).

Another significant benefit of expungement is that it restores civil liberties such as your right to vote. Prior to Proposition 207, marijuana possession was considered a federal offense, which immediately stripped individuals of the right to vote and the right to bear arms.

While Proposition 207 does not currently state how expungement will take place, it does set aside a hefty budget in order to fund the creation of legislation to do so.

Qualifying individuals can submit for expungement starting on July 12, 2021.

Expungement for Minors

Juvenile offenders in Arizona, like adult offenders, have previously been given the opportunity to have their convictions set aside if their crime qualified and all portions of their sentence, including the payment of all fines, was completed in full. Crimes such as assault or driving under the influence do not qualify for a set aside.

However, unlike adults, certain juvenile offenders can also qualify for record expungement – what the Arizona legislation called “destruction.” For a juvenile to have their records “destroyed,” it needs to be “in the full interest of justice to do so.”

We have yet to see how this process might be affected regarding juveniles sentenced for the possession of marijuana. However, something the law makes clear is that medical marijuana and recreational marijuana are only legal for citizens 21 years and older, so juvenile possession is still illegal. Whether or not the possession of marijuana will qualify for juvenile set asides or record “destruction” is yet to be seen.

Do I Need a Lawyer to Get My Record Expunged?

Long story short: yes. The traditional expungement process requires you to fill out a petition and submit it to the proper court for review. In some cases, this requires a defense attorney to serve the papers, while in others you must appear for a court hearing.

How exactly the expungement process takes place (and what is required of you) will depend on your jurisdiction. For this reason, you’re going to want a criminal lawyer who not only knows the laws and regulations as they apply to you, but can walk you through the process so you can ensure you’re accounting for every necessary step.

Have questions about how you can get your marijuana conviction expunged? Our team of lawyers is here to assist you. Schedule a consultation today to get started.