Following the passage of Arizona Proposition 207, recreational marijuana is now legal in limited amounts. This includes THC vaporizer concentrates, marijuana edibles, and the safe and responsible cultivation of a small number of marijuana plants.
But what about people who were convicted of marijuana related crimes that are now no longer considered crimes? This is an important factor. Retroactively, people possessing small quantities of marijuana or a modest amount of marijuana plants would no longer be considered criminals.
If you have a marijuana conviction that qualifies for expungement, you should seriously consider doing so. Unfortunately, you cannot recover the time or money you lost as a result of your conviction. You can, however, have the conviction completely removed from your record if you meet the right criteria.
What the Law Says About Expungement
Navigating legalese isn’t always the easiest thing to do, but the laws about expunging marijuana convictions is rather straightforward:
THE COURT SHALL NOTIFY THE PROSECUTING AGENCY OF THE FILING OF THE PETITION, AND ALLOW THE PROSECUTING AGENCY TO RESPOND TO THE PETITION WITHIN THIRTY DAYS
2. THE COURT MAY HOLD A HEARING;
(H) ON THE REQUEST OF EITHER THE PETITIONER OR THE PROSECUTING AGENCY
(b) IF THE COURT CONCLUDES THERE ARE GENUINE DISPUTES OF FACT REGARDING WHETHER THE PETITION SHOULD BE GRANTED.
3. THE COURT SHALL GRANT THE PETITION UNLESS THE PROSECUTING AGENCY ESTABLISHES BY CLEAR AND CONVINCING EVIDENCE THAT THE PETITIONER IS NOT ELIGIBLE FOR EXPUNGEMENT.
If you are eligible for expungement, you simply work with your attorney to file a petition for expungement. The prosecutor then has the option to respond or dispute this petition. The office of the prosecutor has 30 days to respond to the petition or request for whatever reason that the expungement shouldn’t be allowed. If they don’t, it’s nearly a guarantee that your marijuana conviction will be expunged.
Who is Eligible for Expungement?
The law now states that possession of less than 1 ounce of marijuana for personal use, a maximum of six plants per single adult household or twelve plants per multiple adult household, 10 milligrams of THC per marijuana edible product or 100 milligrams per package of edible products, and up to 5 grams of THC vapor concentrate are now recreationally legal.
If you’ve been convicted of any of the above while they were still considered a crime, you’re eligible for expungement. If a skilled attorney were to file a petition for expungement on your behalf following the conviction of these former crimes, it is unlikely that the prosecutor will attempt to prevent the expungement.
The rules for expungement are slightly different from the way they are defined by the change of law. The law has shifted some marijuana related crimes to petty offenses, punishable by a fine but not jail time. Former crimes that are now considered petty offenses can now be expunged.
Expungement is an option for convictions of possession of a maximum of 2.5 ounces of marijuana, 12.5 grams or less of concentrate for a marijuana vaporizer, and possession of marijuana paraphernalia. The circumstances for growing marijuana plants remain the same. If a household of two or more adults grew more than 12 plants, the charges will remain.
Any other convictions that came in conjunction with marijuana charges will not be impacted. If you were convicted of more than just a possession of a modest amount of marijuana or for growing more plants than the current law allows for, your record for those crimes cannot be expunged.
When Can I Begin the Expungement Process?
The court is likely to see a deluge of expungement requests as a result of the passage of Arizona Proposition 207. Because of this, expungement may not officially begin until July 12, 2021. This does not mean you should wait until that date to begin your expungement. You can work with your attorney now to prepare the necessary paperwork to be filed when the date rolls around.
Simple cases are likely to be expunged without contest. The courts will be busy, and unless the prosecutor has a highly substantial reason to forbid expungement, it’s likely that many basic possession charges will be seamlessly handled without intervention.
Getting Started with the Expungement Process
The Damianakos Law Firm is ready to help eligible individuals to expunge their marijuana convictions. There’s no reason to wait until July to begin that process. The sooner you begin to work with us, the sooner we can prepare the proper documents. We can help you submit your petition to the court the moment they begin to accept the paperwork.
If you believe your marijuana related conviction is eligible for expungement, contact us today. We’ll review the details of your case and help you move forward with the expungement process. There’s no reason to leave old charges on your record. The law allows you for you have clean slate, and you deserve one.