Learn / Arizona Marijuana Expungement

Arizona Marijuana Expungement Guide (A.R.S. § 36-2862)

Last updated May 2026. Reflects Prop 207 (2020) and State v. Sorensen (2023).

True expungement — record destruction

Of Arizona's seven record-relief paths, marijuana expungement under § 36-2862 is the strongest. Unlike sealing (which hides) or set-aside (which marks the conviction), expungement destroys the record entirely. Once expunged, the conviction did not, in legal terms, occur. You can deny it ever happened in any context, including under oath.

This is the only true expungement available in Arizona. It exists because Proposition 207 (Arizona's 2020 recreational marijuana legalization initiative) included a record-clearing provision recognizing that thousands of Arizonans had convictions for conduct that was now legal.

What's eligible

Section 36-2862 covers personal-use marijuana convictions:

• Possession of 2.5 ounces or less of marijuana
• Possession of 12.5 grams or less of marijuana concentrate
• Cultivation of 6 or fewer plants for personal use
• Possession or use of marijuana paraphernalia
• Selected sales offenses involving personal-use quantities (per State v. Sorensen, 2023)

State v. Sorensen and sales offenses

A 2023 Arizona Supreme Court decision, State v. Sorensen, clarified that § 36-2862 applies to sales offenses where the underlying quantity was at or below the personal-use thresholds. Before Sorensen, lower courts split on this issue. After Sorensen, sales offenses involving small quantities are eligible.

However, large-scale distribution and trafficking offenses remain ineligible. The dividing line is whether the quantity involved was within personal-use limits.

No waiting period, no restitution requirement

Unlike sealing or civil rights restoration, marijuana expungement has no statutory waiting period. You can apply immediately. There is also no requirement that you pay any outstanding fines (though the court may insist on this in practice for cases that haven't reached final discharge).

Court filing fee is $0.

Where to file

File the petition in the original convicting court. For most marijuana cases, this means:

• Felony marijuana convictions: Superior Court of the convicting county
• Misdemeanor marijuana convictions: Justice court, city court, or magistrate court of the original case

Note that for lower-court cases (justice/city/magistrate), the court has its own form and process — typically simpler than the Superior Court process.

Procedure

1. File petition. Use the AZ judiciary form for expungement under § 36-2862.
2. Notice to prosecutor. Serve the county attorney (or city/town prosecutor for misdemeanors).
3. Prosecutor response. The prosecutor has 30 days to object.
4. Court ruling. Most uncontested expungements are granted on the papers within 30-60 days.
5. Record destruction. Once granted, the court orders all agencies (DPS, FBI, court system) to destroy or return the record. This typically completes within 60-90 days.

After expungement

Once expungement is complete:

• The record is removed from the court system
• DPS criminal history records are cleared
• The FBI is notified to update federal databases
• You can deny the conviction in any context — employment, housing, licensing, immigration, even law enforcement queries (though immigration consequences may persist regardless of state expungement)
• Background checks should not return the record

Note for non-citizens: Federal immigration law treats marijuana convictions specially. Even after state expungement, immigration officials may still consider the conviction. Consult an immigration attorney before relying on expungement for immigration purposes.