Arizona: Adult Convictions (AZ-C-2)

Beginning July 12, 2021 records relating to (a) possessing, consuming, or transporting two and one-half ounces or less of marijuana; (b) possessing, transporting, cultivating or processing no more than six marijuana plants at the person's primary residence for personal use; or (c) possessing, using or transporting paraphernalia for cultivating, manufacturing, processing, or consuming marijuana may be expunged by the court. Ariz. Rev. Stat. § 36-2862(A).

Record Detail(s)

Drug offenses

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Discretionary

Hearing

At court's discretion

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

There are no ineligible offenses.

Procedure General

A petition must be filed with the court. The court will notify the prosecuting agency who has 30 days to respond. The court will grant the petition unless the prosecuting agency proves by clear and convincing evidence that the petitioner is not eligible for expungement. Ariz. Rev. Stat. § 36-2862(B).

Fees

There is no statutory language regarding fees.

Effect

The court will grant the petition for expungement; The department of public safety will seal and separate the expunged record from its records and inform all state and federal law enforcement agencies of the expungement; The arresting and prosecuting agencies must identify in their records that the petitioner was granted an expungement. Ariz. Rev. Stat. § 36-2862(C).

Waiting Periods

There is no waiting period.

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