A.R.S. § 36-2862 (Proposition 207)

Expunge Your Arizona Marijuana Record

This is the only true expungement in Arizona — your record is permanently destroyed, not just sealed. No waiting period. Available to anyone with a qualifying marijuana arrest, charge, conviction, or juvenile adjudication.

What expungement actually does

A marijuana expungement under Proposition 207 (codified at A.R.S. § 36-2862, effective July 12, 2021) is the strongest record-clearing remedy in Arizona. Unlike sealing (which hides records from view) or set-aside (which vacates the judgment but leaves the record visible), expungement permanently destroys the public records of the marijuana offense.

After expungement is granted:

• The arrest, charge, conviction, sentence, and any juvenile adjudication are removed from public records
• You can legally and truthfully say you have never been arrested, charged, convicted, or sentenced for the expunged offense
• The record becomes inaccessible to employers, landlords, licensing boards, and the general public
• For felony marijuana convictions, expungement also clears the path for civil rights restoration (voting, jury, holding office) and firearm rights
• Court records, prosecutor records, arresting agency records, and Arizona DPS records are all updated

This is the closest thing in Arizona law to "the offense never happened."

Who qualifies

You qualify under § 36-2862 if you were arrested, charged, convicted, sentenced, acquitted, or adjudicated as a juvenile for any of the following:

1. Possession, consumption, or transportation of 2.5 ounces or less of marijuana (no more than 12.5 grams of which was marijuana concentrate)
2. Possession, transportation, cultivation, or processing of no more than 6 marijuana plants at your primary residence for personal use
3. Possession, use, or transportation of marijuana paraphernalia related to cultivation, manufacture, processing, or consumption

Key features of the law:

• No waiting period. You can petition immediately.
• You don't need to have completed your sentence. Even active-probation cases can be petitioned.
• You don't need to have been convicted. Arrests with no charges, dismissed cases, and acquittals all qualify.
• Juvenile adjudications qualify.
• The offense must have occurred before November 30, 2020 (the effective date of Prop 207 legalization for adults 21+).

What about marijuana sales offenses?

For years there was uncertainty about whether marijuana sales charges qualified. The Arizona Court of Appeals resolved this in State v. Sorensen (2023), holding that sale-related marijuana offenses are eligible for expungement under § 36-2862(A)(1) when the underlying amounts otherwise satisfy the eligibility requirements (≤2.5 oz, ≤12.5g concentrate, ≤6 plants).

If you were charged with possession-for-sale based on a small amount, you may qualify even though the charge was a sales offense. Our screening asks about the actual quantities involved to determine eligibility.

Who doesn't qualify

• Possession of more than 2.5 ounces of marijuana (or more than 12.5g concentrate)
• Cultivation of more than 6 plants
• Conduct occurring on or after November 30, 2020 in amounts that became legal — those cases should have been dismissed by the prosecutor and don't need expungement
• Marijuana DUI under § 28-1381(A)(1) or (A)(3) — these are governed by separate DUI statutes

Burden of proof favors the petitioner

Once you file the petition, the prosecutor has 30 days to respond. If they don't respond within 45 days, the court may grant the petition by default.

If the prosecutor objects, they bear the burden of proving by clear and convincing evidence that you don't qualify. This is a high standard — and one of the reasons Arizona marijuana expungements are granted at very high rates.

If the petition is granted, the court issues a signed order or minute entry. If denied, you have 14 days to appeal.

How long does Arizona marijuana expungement take?

Typical timeline: 30 to 90 days from filing.

Most expungements are granted on the papers — no hearing required. Some courts schedule a hearing if the prosecutor objects or if there are factual disputes about quantities.

What you get from us

For $750:

• The official AZ Superior Court petition with your information pre-filled
• Pre-fill review checklist
• Court-specific filing instructions — the petition is filed in the court that handled your original case
• Personal-statement template if your case has unusual facts that warrant explanation
• Required-attachments checklist (case number, charges, court documents, IDs)
• Multi-case support — if you have more than one eligible offense, each requires its own petition

The court charges no filing fee under § 36-2862.

Expungement vs. sealing — what's the difference?

If your case is eligible for expungement under Prop 207, expungement is always the stronger remedy.

When you should hire an attorney instead

• The amount in your case is borderline (close to or over 2.5 oz / 12.5g / 6 plants)
• The prosecutor has previously objected to similar petitions in your county
• You have multiple cases with mixed eligibility
• Your case involves additional non-marijuana charges that complicate the petition

Frequently asked questions

Related services

• Set Aside Conviction under § 13-905 — if your case doesn't qualify for marijuana expungement
• Seal Your Record under § 13-911 — for non-marijuana offenses
• Restore Civil Rights under §§ 13-907, 13-908