On November 3rd of this past year, Arizona citizens voted to completely legalize marijuana in their state. With this proposition comes a ton of other information that Arizona citizens should be aware of to protect themselves and be prepared.

One major aspect of proposition 207 is that if you have been previously convicted of a marijuana charge you have a chance to expunge the charge. That does not cover every single marijuana charge, but in this article, we will dive into what charges are likely to have a chance to be expunged

Expungement simply means that no one will have access to your records for a specific charge besides yourself. That means that your marijuana will not show on your public record and affect you getting a job or restoring any rights. Expunging your charge is huge and being able to do so with a marijuana charge is the first time Arizona has allowed expungement in the state. In the past your charges were able to be set aside, but not completely erased off of your record.

The article below will break the expungement of your marijuana conviction into simple steps and explain what charges can be petitioned and the ones that cannot.

What is Expungement and How it Will Affect Me?

Simply put, expungement is erasing a charge off of your public record. Expungement of a charge is a huge deal and a huge relief for so many people that have a clean record, besides a marijuana charge. Erasing your conviction and sealing you rmairjuna charge will allow you to proceed with a clean record without any issues.

The only person that will be able to see your charge after it is expunged is you, which is a game-changer to get access to everything you need. With a charge erased you can apply for jobs with ease, find housing, and regain civil liberties such as voting.

An expungement will also protect you from anyone using your previous marijuana charge against you in the future, allowing you to live your life without worrying.

You are also not required to tell employers that you had a previous marijuana charge because it will be completely erased from the public record.

What Marijuana Charges can be Expunged?

After Proposition 207 passed, it is important to remember that it is only talking bout charges for people who are over 21. People under 21 still cannot possess marijuana and can face consequences if they do.

Possession/Consumption/Transportation of Marijuana

If you or someone you know is convicted of a marijuana charge where you were caught with 2.5 ounces or less, then you have a chance to bring your charges up for expungement.

Possession/Transportation of Marijuana Plants

The same goes for any charge against you that involves growing up to six marijuana plants at your place of residency. In Arizona, you can now petition for expungement of your charge if you were growing six plants when you were caught.

Possession/Use/Transportation of Marijuana Paraphernalia

Many prosecutors are already filing motions to dismiss charges all over the state of Arizona. If you were convicted of having or using any marijuana-related items you now will have a chance to petition and get the charge dropped and off of your record.

Something important to note is that you have been charged with a marijuana charge that is under the ones listed above and you have yet to be convicted, there is great news for you. Most likely, these charges will simply be waived and dismissed and you can go about your business without worrying.

When can I Expunge a Charge?

The vote to legalize marijuana in the state of Arizona happened on November 3rd, 2020, and was finalized by the Arizona government on November 20th. Although it is finalized, there are still some aspects of the law that will not go into effect until later in 2021.

Companies that are wanting to begin selling legalized marijuana will likely not be able to until April 2021 and the process may take a bit of time to enact completely.

Also, when it comes to expungement, those that were convicted or charged and who are looking to expunge their case will have to wait till July 2021.

What Steps to Take to Expunge a Marijuana Charge?

Many people are so excited about the possibility of sealing their records and getting a charge out of the public eye they wonder how in the world they can do so.

The only bad thing about expungement in Arizona is that you will likely have to wait until summer 2021 to petition for a charge to be expunged. Once the date comes, you can fill out a petition and wait for the court’s response. One of three things can happen at that point:

Accepted

If your expungement petition is accepted, the court will sign off that the charge should be erased from public records and contact the appropriate people to get everything back in order.

Denied

If your petition is denied, you and a reliable attorney can repeal the claim and try again.

Disputed

If the judge is truly unsure about the validity of your petition they will ask you to come into court to prove the charges and explain why they should grant an expungement.

Once your form is submitted, the courts will have thirty days to challenge it and if they do you will have to make an appearance in court. If your petition is challenged, it may be time to put your best foot forward and consult an attorney.

Most likely a form will be created that is easy to understand and fill out online for anyone looking for expungement. As of now, the date for petitions and more details to be released is July 12, 2021.

No matter what happens, it is incredibly wise to reach out to a local Arizona attorney who is knowledgeable about all of the bits and pieces of proposition 207. Trying to understand it all by yourself can be confusing and frustrating. Working with someone who knows the law backwards and forwards may be the difference between getting expungement or keeping a charge on your account.

Conclusion

Proposition 207 is an absolute game-changer for so many people in Arizona. Many people with marijuana charges otherwise have a clean record and are looking to wipe the slate completely clean.

Having the opportunity to expunge a charge off of your record will open doors for thousands of people in Arizona. They will now be able to obtain a job easier, find housing, and practice all of their civil liberties without a second thought. To many, expungement of a marijuana charge will be a second chance at life to start fresh.

If you or someone you know has a marijuana charge that is likely to be expunged in the summer of 2021, reach out to an attorney who will guide you on the exact steps to take to get you back on your feet. The last thing you want to do is misunderstand proposition 207 and fill out a petition incorrectly or not do what you are supposed to.

Expungement is a huge deal for so many in Arizona and will allow many people to get a second chance because they are much more likely to find good jobs without a prior marijuana charge on their record.