Marijuana Expungement in Arizona
An old marijuana case can keep showing up years after the law changed. Arizona lets many of those records be expunged, and the law puts the burden on the prosecutor to show that you do not qualify.
We can help. Nova Law Group was built by a former Maricopa County Attorney’s Office felony prosecutor. We take a meticulous approach to every step of this process, because the details matter.
Talk to us before you talk to anyone else. Call (480) 405-6767. Consultations are free and confidential, and the earlier we are involved, the more we can do.
At a glance
- The law: A.R.S. § 36-2862 lets you petition to expunge the record of an arrest, charge, adjudication, conviction or sentence for certain marijuana offenses.
- Who qualifies: The offense must be on the list in § 36-2862(A) and based on conduct that happened before the section took effect. The list covers small amounts, up to six plants at home and marijuana paraphernalia.
- The standard: The court "shall grant the petition unless the prosecuting agency establishes by clear and convincing evidence that the petitioner is not eligible" (§ 36-2862(B)(3)).
- Where you file the petition: With the court, which must notify the prosecuting agency. A lawyer can confirm the right court for an older case.
- What to do now: Gather any paperwork from the old case, especially the charging document and any report showing the amount, and talk with a lawyer about eligibility.
What the law says
Section 36-2862(A) says that, beginning July 12, 2021, a person "who was arrested for, charged with, adjudicated or convicted by trial or plea of, or sentenced for" a listed offense may petition the court to have that record expunged. The offense must be "based on or arising out of conduct occurring before the effective date of this section." The word "adjudicated" means juvenile cases can qualify too.
The listed offenses are:
- Possessing, consuming or transporting "two and one-half ounces or less of marijuana," of which not more than twelve and one-half grams was 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 relating to the cultivation, manufacture, processing or consumption of marijuana.
You do not have to file the petition yourself in every case. Under § 36-2862(I), a prosecuting agency may file a petition for anyone it prosecuted, and the attorney general may file for any person. For general background on the term, see Cornell LII Wex: expunge, which is not a statement of Arizona law.
Which offenses qualify
| Old offense | Eligible amount or item | Source |
|---|---|---|
| Possession, use or transport | 2.5 ounces or less, with not more than 12.5 grams as concentrate | § 36-2862(A)(1) |
| Plants | Not more than six plants at your primary residence for personal use | § 36-2862(A)(2) |
| Paraphernalia | Items relating to cultivating, making, processing or consuming marijuana | § 36-2862(A)(3) |
| Sale, larger amounts or other drugs | Not on the list | § 36-2862(A) |
The expungement list is broader than what is legal today. Under A.R.S. § 36-2852(A), an adult 21 or older may possess one ounce or less, with not more than five grams as concentrate. An older possession case involving up to 2.5 ounces can still qualify for expungement under § 36-2862(A)(1). For today's rules, see our marijuana charges page.
The petition process
- Notice to the prosecutor. The court notifies the prosecuting agency and allows it to respond within thirty days (§ 36-2862(B)(1)).
- Possible hearing. The court may hold a hearing if you or the prosecuting agency requests one, or if it finds "genuine disputes of fact" about whether the petition should be granted (§ 36-2862(B)(2)).
- Decision. The court must grant the petition unless the prosecuting agency proves by clear and convincing evidence that you are not eligible (§ 36-2862(B)(3)).
- Written ruling. The court issues a signed order or minute entry with findings of fact and conclusions of law (§ 36-2862(B)(4)).
- Appeal. If the court denies the petition, you may file a direct appeal under § 13-4033(A)(3), as § 36-2862(F) provides.
If a charge for a listed offense is still pending, § 36-2862(G) says the court, on motion, "shall dismiss with prejudice" that charge. You may then petition to expunge the arrest and charge.
What expungement does
Under § 36-2862(C), an order granting the petition must:
- Vacate the judgment of adjudication or conviction, if there was one.
- State that it expunges the record of the arrest, charge, conviction, adjudication and sentence.
- State that your civil rights, including the right to possess firearms, are restored, unless you are not eligible for restoration on other grounds.
- Require the clerk to notify the Department of Public Safety, the prosecuting agency and the arresting agency.
- Require the clerk to seal the records, so only you or your lawyer can access them.
Under § 36-2862(D), an expunged record "may not be used in a subsequent prosecution by a prosecuting agency or court for any purpose." Under § 36-2862(E), you may state that you have never been arrested for, charged with, adjudicated or convicted of, or sentenced for that crime.
Limits to keep in mind
Other tools for other cases. This statute differs from a set-aside, which sets aside the judgment of guilt, and from record sealing, which has waiting periods and exclusions. If an old case included non-marijuana charges, those charges may need one of those tools.
Current charges. A new marijuana case that falls outside the legal limits is a different matter. Avoiding jail is not the same as avoiding a conviction, so get advice before you resolve it.
Immigration. Federal immigration law has its own rules for drug offenses, including 8 U.S.C. § 1227(a)(2)(B)(i). A state expungement may not control how federal authorities treat a past case. If you are not a U.S. citizen, talk to an immigration lawyer before you accept any plea or rely on an expungement.
How we help with marijuana expungement
- Finding the records. Older cases can be hard to track down. We help locate the court records and reports that show the charge, the amount and the date.
- Confirming eligibility. We check the weight and concentrate amounts, where any plants were grown and when the conduct happened.
- Preparing the petition. We present the facts clearly so the court can see that the case fits § 36-2862(A).
- Answering the prosecutor. If the prosecuting agency responds or a hearing is set, we address its arguments under the clear and convincing evidence standard.
- Appeals and next steps. If a petition is denied, we can discuss an appeal and whether a set-aside or sealing can help with the rest of your record.
Why Nova Law Group
Nova Law Group was built by Ryan Tait, a former Maricopa County Attorney’s Office felony prosecutor. The practice is criminal defense first. We keep caseloads deliberately low, which means the lawyers on your case have time to actually watch the video and read the reports line by line. We take cases to trial when trial is the right pressure. Overcharging happens, and a case that is genuinely prepared for trial changes the conversation with the prosecutor. Most criminal cases are quoted as a flat fee. Consultations are free and confidential.
Common questions
Possessing, consuming or transporting 2.5 ounces or less (with not more than 12.5 grams of concentrate), up to six plants at your primary residence for personal use and marijuana paraphernalia. The conduct must have happened before § 36-2862 took effect. Sale and larger amounts are not on the list.
Possibly. The limit for expungement in § 36-2862(A)(1) is 2.5 ounces, even though § 36-2852 sets the current adult limit at one ounce. The records need to show the amount, so gather what you can.
Under § 36-2862(C), the order states that your civil rights, including the right to possess firearms, are restored, unless you are not eligible on other grounds. Other convictions on your record can still matter, and federal law has its own rules. Talk with a lawyer before you possess a firearm.
Under § 36-2862(E), you may state that you have never been arrested for, charged with, convicted of or sentenced for the expunged crime. That is broader than the rule after a set-aside. If you have other cases, those need separate review.
Sources
Arizona statutes link to the official text on azleg.gov, the Arizona State Legislature’s website. Federal law and general legal references link to Cornell Law School’s Legal Information Institute (LII). Laws change, so the version in effect on the date of your case controls.
Arizona law (azleg.gov)
- A.R.S. § 36-2862: Expungement; petition; appeal; dismissal of complaints; rules
- A.R.S. § 36-2852: Allowable possession and personal use of marijuana, marijuana products and marijuana paraphernalia
Cornell Legal Information Institute
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