Expungement is the legal process for sealing convictions and arrests from the public record. When a court grants your expungement, the court orders law enforcement and all relevant court personnel to remove information about the expunged conviction or arrest from your record.

That means employers, organizations, or people conducting background checks for apartment rentals, employment, financial loans, and even college admission, won’t have access to state records to see your arrest or conviction, whether a misdemeanor or felony.

Expungement is not automatic. If you have an expungeable offense, you must petition the court in the county where the arrest or conviction arose, which could mean the Superior Court or the City Court.

Under Arizona Prop 207, the opportunity to expunge records for past marijuana arrests or convictions began July 12, 2021.

Prop 207 provides a path to expungement for the following marijuana-related offenses:

• Arrests, criminal charges, and convictions relating to possession, use, or transport of up to 2 ½ ounces of marijuana.
• Cultivation of up to 6 plants at the person’s primary residence for personal use.
• Possession or use of marijuana paraphernalia related to the cultivation or consumption of marijuana.

See A.R.S. § 36-2862 – Expungement; petition; appeal; dismissal of complaints; rules (azleg.gov)

• There is no cost to file the petition with the court.
• In addition, our Coalition attorneys provide you legal assistance and representation in court throughout the filing process, including any appeals.
• We provide free legal clinics around the state, staffed by licensed attorneys who can help you file your petition.
• Our free expungement legal services are funded in part by the State of Arizona through a grant provided for expungement by Prop 207.

*Specified in Prop 207
**Provided by expungement grant under Prop 207

The marijuana-related offenses in your criminal record pop up every time you apply for a job, rent an apartment, or apply for a loan. Even offenses decades old and charges that were dismissed show up as part of your criminal history.

Expungement removes information about the conviction or arrest from your record and gives you a clean slate.

• Reduce the fear and  concern you have when going through background checks.
• Eliminate the need to tell most employers about your marijuana-related conviction or arrest.
• Submit rental applications with confidence. Remove the obligation to tell landlords about your marijuana-related conviction or arrest.
• Restore your right to vote.
• Become eligible for some professional licenses.
• Become eligible for federal and state nutrition assistance.

Our Coalition includes free legal assistance from legal services organizations licensed to practice law in Arizona.

You can meet our coalition attorneys at our expungement clinics around the state. There, you can ask questions and get help filing your petition.

Join us for one of our free Clinics!

After your petition is filed with the court, the prosecuting agency has 30-days to review the petition and decide if they consent to expungement or if they will contest your petition.

The judge overseeing the petition (which, in some counties, is the same judge who presided over your original case marijuana case) decides what action to take. The judge can:

• Request additional evidence from either the petitioner (you) or the prosecutor.
• Deny the request to expunge, if the court find you ineligible based on the evidence provided and the law. If denied, you can appeal.
• Grant the petition and issue an order directing court records and law enforcement records relating to the qualifying offense be expunged.

Not necessarily. You can file your petition with the court yourself, and for free. 

But if you do have questions about the expungement process, need legal guidance, or direct legal representation in court, we can help! Our Coalition attorneys will represent you for free. You can attend one of our free legal clinics, where our attorneys are prepared to help you complete the expungement process from beginning to end.

Our goal is to help you get your records expunged at no cost to you.

Our clinics are staffed by attorneys who are funded by the State of Arizona to provide legal services related to expunging marijuana-related records.

Should the court find your petition ineligible, the Coalition will provide further assistance—in addition to the services provided at the clinic—so that you have representation until your case is resolved.

This is free of charge, regardless of any complications in your case.

Juvenile arrests and convictions are typically sealed once you become a legal adult. Because the laws around recreational marijuana are for adult use only, our understanding of the law is that it does not apply to underage use or possession. However, we encourage you to speak with an attorney at one of our clinics to be certain this does not apply to you.

Immigration lawyers are currently reviewing the new law. Because of the particularly vulnerable situation undocumented people are in, we encourage you to contact an immigration attorney.

Our legal clinics are run by community-based legal services organizations. While the clinics receive funding from the State of Arizona, they are not run by law enforcement of any kind. 

To create the most welcoming and productive spaces for people to seek legal support, law enforcement is not invited to these clinics or events.

If there is a warrant for you on an expungeable marijuana offense, seeking expungement may also give you an opportunity to have the warrant quashed. 

Speak with an attorney at one of our clinics, and we’ll help you navigate the process.

Seeking expungement may help your incarcerated loved one, if their current incarceration is related to an expungeable marijuana offense.  Expungement may also help if their sentence was enhanced based on an expungeable marijuana offense. 

The expungement process is new, and we are continuing to work to understand how this impacts people in situations like past revocations. 

Please contact us or attend a clinic to discuss the circumstances of your loved one’s situation with our coalition attorneys to determine the best route forward. Also, we will update with more information as we move forward.

The implications of legal recreational marijuana are new and we are continuing to work to understand how this impacts people in situations such as probation and supervised release. We will update with more information as we move forward