Phoenix Prop 207 Marijuana Expungement Lawyer
Expunging Marijuana Convictions in Arizona
Arizonans made history when they voted to pass Proposition 207 in November 2020.
Prop 207 legalized recreational cannabis and brought Arizona marijuana laws out of the dark ages. As a result, it turned “offenses” once considered felonies, like simple possession, into legal revenue-generators that help fund health programs, higher education, and other public services.
Now that marijuana is legal in Arizona, people with criminal records will be able to explore options for expunging old convictions. Under Prop 207, you will be able to seek expungement of records related to certain marijuana offenses beginning July 21, 2021.
Our Phoenix attorneys at MayesTelles PLLC have extensive experience in criminal cases involving drug crimes and set aside convictions. We can evaluate if you are eligible for expungement under Prop 207 and explain how we can help.
Can I Expunge a Marijuana Conviction Under Prop 207?
Proposition 207, or the Smart and Safe Act, was a historical initiative that effectively legalized marijuana in Arizona. Specifically, Prop 207:
- Legalizes the sale, possession (up to 1 ounce), and use of cannabis for adults 21 or older.
- Adds a 16% tax on adult-use cannabis sales, in addition to the state’s 5.6% tax.
- Allocates an estimated $300 million to benefit infrastructure, community college districts, law enforcement / fire departments, and other public resources, and over $30 million annually for addiction prevention, mental health, and substance abuse programs.
- Allows individuals with certain marijuana-related crimes to seek expungement.
While Prop 207 certainly creates opportunities for the expungement of marijuana records, whether your particular conviction or record can be expunged will depend on the underlying charge and specific facts of your case.
Our Phoenix Prop 207 attorneys can review your eligibility during a FREE and confidential consultation.
What Types of Convictions are Eligible for Expungement Under Prop 207?
Proposition 207 amended Arizona law to include information about expunging certain low-level marijuana convictions.
Per A.R.S. § 36-2862, the three following convictions are eligible for expungement:
- Possession, use, or transportation of 2.5 ounces or less of marijuana (or 12.5 grams or less of marijuana concentrate).
- Possession, transportation, or cultivation of no more than 6 marijuana plants at an individual’s primary residence for personal use.
- Possession, use, or transportation of paraphernalia related to the cultivation, manufacture, processing, or use or marijuana.
Why Should I Expunge An Old Marijuana Conviction?
Expunging a marijuana conviction under Prop 207 can have a number of benefits – both for individuals who have completed their sentences and for those still subject to probation, restrictions, and other consequences of a conviction.
Some of the potential benefits of expunging a marijuana conviction include:
- Expanded eligibility for housing or student loans.
- Increased employment opportunities and the ability to obtain professional licenses.
- Improved court-ordered child custody / parenting time arrangements.
- Restoration of civil rights, including the right to own a firearm, vote, and obtain government-funded housing or loans.
- Reduced exposure to sentencing enhancements in future charges or convictions.
- Termination of probation and court-imposed restrictions.
Prop 207 is unique in that it offers eligible individuals the opportunity to obtain a true expungement, whereas most convictions in Arizona can only be set aside. When the expungement process is complete, your record will effectively be sealed – meaning it can’t be seen by landlords, employers, or the public.
What’s the Process for a Prop 207 Expungement?
Beginning July 12, 2021, individuals who have been arrested for, charged, adjudicated, or convicted of marijuana-related offenses (misdemeanor or felony) covered by Prop 207 can seek an expungement of those records.
Our Phoenix attorneys can guide you through the Prop 207 process to expunge a marijuana conviction. A general overview of the process is as follows:
- File a petition for expungement pursuant to A.R.S. § 36-2862.
- Court notifies prosecuting agency that petition has been filed and gives them 30 days to respond.
- Court may hold a hearing at the request of the prosecuting agency or petitioner, or if the Court finds there are disputes over whether expungement should be granted.
- Court will grant petition unless prosecuting agency can prove by clear and convincing evidence that petitioner is not eligible for expungement.
- Court issues signed order or minute entry that grants or denies expungement.
- If expungement is denied, petitioners may appeal.
Call for a FREE Consultation: (602) 428-7104
MayesTelles is an award-winning trial practice that has helped thousands of clients across Arizona protect their rights, freedoms, and futures in criminal proceedings and matters of expungement.
If you have questions about Prop 207 and whether you may be eligible, our Phoenix marijuana expungement attorneys can review your situation and discuss how we can help. We offer FREE consultations to clients throughout Maricopa County and beyond.