| What does "expungement" mean? |
Under the laws adopted by Prop 207, if a court grants a request to expunge a marijuana-related criminal charge, the case file and law enforcement records will be sealed; the conviction and sentence will be vacated along with any outstanding court debt imposed in connection with the expunged charge, and the defendant’s civil rights will be restored as to the marijuana-related charges.
- The arresting law enforcement agency and the prosecuting agency will stop making the records available to the public.
- The Arizona Department of Public Safety will seal the records of the offense in its criminal history database, which means the records will not be available to the public.
- A.R.S. § 36-2862 states that an individual whose records are expunged “may state that the individual has never been arrested for, charged with, adjudicated or convicted of, or sentenced for the crime that is the subject of the expungement.” In addition, the law states that the expunged charge “may not be used in a subsequent prosecution by a prosecuting agency or court for any purpose.”
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Can I petition the court for expungement?
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You may seek expungement of your marijuana-related* criminal records by filing the petition form that is available on this website, if you were either arrested, charged, convicted or acquitted of any of the following offenses:
- Possessing, consuming, or transporting two and one-half ounces or less of marijuana, of which not more than twelve and one-half grams was in the form of marijuana concentrate.
- Possessing, transporting, cultivating, or processing not more than six marijuana plants at your primary residence for personal use.
- Possessing, using, or transporting paraphernalia related to the cultivation, manufacture, processing, or consumption of marijuana.
*marijuana includes cannabis.
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I was a minor when I got a marijuana-related charge. Can I still file to have the records expunged?
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Yes. Expungement applies to adult and juvenile offenses.
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In which court should I file my petition for expungement?
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If you are seeking expungement of ONLY law enforcement records relating to an arrest that did not result in a criminal complaint being filed in court, then you must file your petition in the superior court located in the county where you were arrested. Otherwise, you must file your petition in the court where the case was resolved by either dismissal or conviction.
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Can I get all my marijuana offenses expunged using one petition?
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If you had more than one eligible offense under more than one case number, you must file a separate petition for each case number.
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What information will I need to provide the court about my marijuana offense?
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To complete the petition, you must, at a minimum, provide the court with the following information as required by Rule 36, Arizona Rules of Criminal Procedure for each case:
- Your name, address, date of birth, and email address, if you have an email address;
- A description of the offense for which you are seeking expungement as stated on the petition form;
- The name of the law enforcement agency that arrested you for the marijuana-related offense; and
- The court’s case number if your arrest resulted in a criminal complaint being filed with the court.
If you do not provide enough details about the records you want to have expunged, the court may dismiss your petition. If that occurs, you may file a new petition with additional details about your records. The court cannot order expungement of any arresting agency records if you do not identify the arresting agency.
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I can't remember some of the information about my marijuana offense. Where can I go to get the information I need for my petition?
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If you were represented in court by an attorney, your defense attorney may be able to provide the information needed to fill out the petition. The supreme court Public Access Case Lookup website may be able to provide you with information about your case.
In addition, the Federal Bureau of Investigation or the Arizona Department of Public Safety may assist you.
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Will the court charge a filing fee for the Petition to Expunge?
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No.
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If my conviction is expunged, are all court-ordered monetary obligations or cancelled?
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No, only outstanding balances are cancelled.
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After a charge is expunged, am I entitled to a refund of fines and fees already paid under the expunged charges?
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No, fines and fees were properly collected under the law in effect at the time of payment. The new law is not retroactive.
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Does "expunged" mean the court records are gone?
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Not necessarily. Under Arizona law, related records may still be subject to public records requests, but marijuana-related information will be redacted or sealed, as required by law. However, some court records will be destroyed at some point, based on records retention schedules that set timeframes for when types of records must be destroyed.
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If one count is expunged in a multi-count complaint, information or indictment and another count is not expunged, will all the counts be sealed?
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No. The non-eligible offenses must continue to be open for public inspection.
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Does an expungement order allow me to say no when an application asks if I've ever been arrested or convicted of a marijuana-related offense?
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It depends. Read the initiative. Note that some employers, regulatory agencies, the military, or others may have specific requirements.
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What happens after my records are expunged?
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Keep your copy of the court’s order showing your records were expunged.
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Can I file a motion to dismiss under A.R.S. § 36-2862(G) if I have already been sentenced and the sentence (or suspension of sentence) is not completed?
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No. Under the statute, a complaint, information or indictment must be pending when the motion to dismiss is filed. If a person has been sentenced, the complaint, information, or indictment is no longer pending, so the motion to dismiss cannot be granted.
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