After many years of resistance, the regulations on marijuana in Arizona have finally lightened up. Proposition 207, also known as the Smart and Safe Arizona Act (which passed in November 2021 with 60% of the vote) allows the legalization, taxation, and recreational use of cannabis in our state for adults aged 21 and older. However, there are other perks for Arizonans who may have previously had trouble with their earthy medication and the law.
charges that can be expunged
The proposition also introduced a statue (A.R.S. § 36-2862) which allows some people the ability to petition for an order which seals their marijuana-related criminal records. As of July 12, 2021, those eligible are individuals that were arrested, charged, convicted or acquitted of:
· Transporting or consuming 2.5 ounces or less of marijuana
· Cultivating, transporting, or processing no more than six marijuana plants at your primary residence for personal use
· Transporting, using, or possessing paraphernalia related to cultivating, processing, manufacturing, or consuming marijuana
Civil Rights that Can Be REstored
It’s important to note that some of your basic civil rights are take away from you as a result of dealing with a marijuana case. While some of these rights aren’t important to some, to others they are an essential part of life and can influence personal interests and careers. Getting your charges expunged can return to you the right:
· to vote
· to own and possess a firearm
· to secure professional licenses
· to obtain loans or acquire housing funded by the government
· to hold a public office
· to serve on a jury
What Happens When Your Marijuana Related Case Is Expunged?
There are more than one positive things that come out of getting your cannabis charges expunged, however, it is important to remember that not every case is the same. Discuss with your attorney or legal advisor which of the following becomes available to you:
· Your case file and law enforcement record are closed
· Your conviction and sentence are vacated
· Court debt related to charge is forgiven. Refunds will not be provided for past payments
· Records will no longer be available to the public through local Law Enforcement agency or courts
· Expunged charge may not be used in subsequent prosecution
· Certain employers and military may have individual disclosure requests
· All records of arrest, charge, conviction, adjudication, and sentence will be expunged
Additional information regarding Prop 207 or the expungement of marijuana-related charges in Arizona, visit AZcourts.gov. If you’re located in the Valley (Phoenix, Scottsdale, Tempe, Chandler, Mesa, Gilbert, San Tan Valley, Peoria) and have a marijuana case, contact Modern Law at 480-771-6157 or stop in to our new location in the San Tan Village Mall, Modern Law Express, for even faster legal assistance.
*Information on this page does not constitute legal advice.
