Thanks to Proposition 207, which Arizona voters approved last year, hundreds of thousands of people qualified to seal their criminal records of marijuana-related convictions can now do so. Proposition 207, which also established a licensing system for dispensaries to sell marijuana, made it legal in Arizona for adults to possess and use it legally. The ballot initiative also permitted those previously accused or convicted of crimes that are no longer illegal to modify their records because many previously illegal marijuana-related activities are now legal.

If you have been previously convicted of a marijuana-related crime that you would like expunged, here’s what you need to know:

New State Law Begins January 2023

Arizona's expungement rules have always been unusual because expungement has not been an option in the state. The only alternative has been the setting aside of a record, a weaker kind of expungement that does not entirely remove the record or make it invisible to the public. However, under a new state law that will go into effect in January 2023, qualified persons in Arizona will finally have access to having their records sealed. This is a chance for someone with an arrest or criminal conviction on their record to start over.

What Exactly Is An Expungement?

According to the Legal Information Institute at Cornell Law School, to expunge means “to destroy, obliterate, or strike out records or information in files, computers, and other depositories," such as the expungement of criminal records. Most states have permitted people to have their criminal records expunged, but Arizona was not one of them until now. This means that it is now possible in Arizona to entirely delete your marijuana-related arrest record from all databases, allowing you to deny having ever been convicted of the offense.

What Are The New Arizona Expungement Laws?

According to ARS 36-2862, as of July 12, 2021, anyone with a criminal record for one or more marijuana-related offenses may apply to the court to have their record expunged. This covers marijuana-related arrests, convictions, and other blots on the person's record. The record will be deleted and only be accessible to law enforcement officials and the courts under certain circumstances under this new law, which now offers a “real” expungement. These offenses are covered under this law:

• Possessing, transporting, or using 2.5 ounces or less of marijuana, less than 12.5 grams of which is marijuana concentrate.
• Possessing, transporting, or using no more than six marijuana plants kept, moved, grown, or processed at a person's home for personal use.
• Possessing, transporting, or using equipment used in marijuana production, processing, manufacturing, or consumption.

Note that this law does not cover arrests and prosecutions related to the sale or distribution of marijuana.

The first record-sealing statute in the state was created on July 9, 2021, with the passing of Arizona Revised Statute 13-911. ARS 13-911 provides that if a person meets specific requirements, they may file a petition to have the case records associated with a criminal offense sealed. Thousands of Arizonans may be able to have their records sealed under this law, which takes effect on January 1, 2023, as opposed to just being set aside. This is beneficial because it completely hides it from public view.

ARS 13-911 applies to those who have been:

• Convicted of a crime and satisfied all requirements of the sentence issued by the court.
• Charged with a crime, but the accusation was later dropped, or the case ended with a not-guilty ruling.
• Arrested for a crime for which no charges were ever brought.

The new record-sealing law in Arizona can give many people a second chance, even though there are some restrictions. These criminal records are effectively hidden from the public so that they won't appear on background checks. Additionally, when filling out an application for employment or housing, a person with a sealed record is exempt from having to check the box asking if they have ever been arrested or convicted of a crime. This may be crucial in enabling the person to leave their criminal history behind.

What Is A Certificate of Second Chance?

House Bill 2067 is another new law about record expungement adopted in Arizona in 2021. As a result, a new legal document of relief called a Certificate of Second Chance was developed. Under this statute, the court may issue a sentence that includes a Certificate of Second Chance after being found guilty of a crime. This certificate enables qualified individuals to obtain entire rehabilitation that is judicially certified in addition to petitioning to have their records set aside in Arizona.

In the past, people's attempts to rebuild their lives and advance in their jobs were hampered by statutory limits that prohibited professional certification. Now, a person granted a Certificate of Second Chance in Arizona can get the professional license needed for the position. This implies that a certificate holder may once again pursue careers in construction, education, childcare, and medicine, which are generally off-limits to those with certain criminal convictions.

What Happens If A Case Is Expunged?

Because of Proposition 207, if a court approves a motion to have a charge expunged, the following will occur:

• Law enforcement records and the case file are both sealed.
• Any unpaid court fees associated with the charge are also vacated, along with the conviction and sentence. However, those who have already paid fines for marijuana-related offenses won't be given a refund.
• The prosecution and arresting law enforcement agencies will discontinue making the documents public.
• The criminal history database of the Arizona Department of Public Safety will be sealed, making the records of the offense unavailable to the general public.
• Following the erasure of their records, a person "may assert that the individual has never been charged with, adjudicated or found guilty of, or sentenced for the crime that is the subject of the expungement." The statute further provides that the dismissed charge "may not be used for any reason in a subsequent prosecution by a prosecuting agency or court." The court does point out that particular employers, regulatory bodies, and the military may have unique disclosure responsibilities.

It’s worth noting that people who want to clear up several violations with various court cases must submit separate forms for each offense.

What Details Are Required To File For A Marijuana-Related Expungement?

All that is necessary to have a qualifying record expunged is to complete the required paperwork and deliver it to the appropriate county courthouse. If the petitioner or prosecutor in the case requests it, the court may hold a hearing after receiving your petition. The courts will decide whether to grant the petition based on the evidence submitted.

Most of the data on the forms submitted to the courts is relatively elementary, such as the person's name and address. However, if the applicant for expungement wants the law enforcement records to be sealed, they will need to know a few other facts about their case, such as the organization that made the arrest. Moreover, they will require their case numbers. The Supreme Court's online database is accessible here.

The superior court in the county where the arrest took place must receive the paperwork from the individual that wants to have their arrest records expunged. Additionally, the paperwork must be filed at the court where the case was settled, whether it resulted in a conviction or dismissal. It’s also important to note that complications can arise with expungements, including convictions for other crimes for which the offender is still obligated to pay fines, or felony convictions where voting rights are being restored.

How Long Must You Wait Before Filing A Petition To Seal Records?

Under either of Arizona's new laws, a waiting period will be required before you may have your criminal record sealed or wiped. According to ARS 13-911(G), a waiting period must pass after a person has served out their sentence before they can file a court petition. The length of this period is determined by how serious the offense was:

• Ten years for a class 2 or 3 crime
• Five years for a class 4, 5, or 6 felony
• Three years for a class 1 misdemeanor
• Lower-level offenses: two years

The present waiting period will be extended by five years if a person has a prior felony conviction on their record. A person with two or more prior convictions cannot ask for the record to be sealed until the necessary amount of time has passed for each conviction.

How Can I Get The Expungement Process Started?

While applying for an Arizona marijuana-related expungement is free, you may want to consider getting some legal help rather than do it on your own. Arizona's new expungement and record-sealing rules can be confusing for the average person. They are replete with complex concepts, legal jargon, and sometimes ambiguous terms and clauses. Arizona lawmakers continuously create new laws and change existing ones, so the laws are constantly changing, which only serves to muddle matters more.

You should know that the forms for submission include a certification that everything you submit is correct under penalty of perjury. So, anyone filing the paperwork on their own should be extremely thorough throughout the process and make sure they understand all legal implications. You should not submit a petition if you are unsure of your eligibility because it might worsen your situation. If you decide to file on your own, you can resubmit if the court rejects your application. The court's expungement paperwork and instructions are available online.