Arizona Marijuana Expungement Attorneys (Prop 207)
Last updated: May 2026
Proposition 207 (the Smart and Safe Arizona Act, 2020) created Arizona's first true expungement remedy, codified at ARS 36-2862. Petitioners may apply to expunge records related to certain marijuana offenses — possessing, consuming, or transporting 2.5 ounces or less of marijuana (no more than 12.5 grams of concentrate); possessing or cultivating up to 6 plants at a primary residence; or possessing, using, or transporting marijuana paraphernalia.
Who qualifies?
Convictions, arrests, charges, or adjudications related to the qualifying marijuana conduct are eligible. There is no waiting period — petitions could be filed beginning July 12, 2021. Both convictions and non-conviction records can be expunged.
Cases involving sale to a minor, sale or distribution above the personal possession thresholds, or driving impairment offenses are not covered.
How the petition works
The attorney files a Petition to Expunge in the court that handled the original case. The prosecutor has 30 days to respond. If unopposed, the court generally grants the petition. If opposed, the court holds a hearing.
Once granted, the court orders the record sealed in court files, with the arresting agency, and with the Department of Public Safety. The petitioner may state on most applications that the arrest, charge, or conviction did not occur.
Effect compared to set-aside
Expungement under ARS 36-2862 is meaningfully more powerful than a set-aside. The record is sealed from public view rather than annotated, and the petitioner can deny the underlying conduct in most contexts. For people with marijuana convictions who also have non-marijuana convictions, two separate remedies (expungement plus set-aside or ARS 13-911 sealing) may be appropriate.
Frequently asked questions
Does this apply to a marijuana DUI?
No. Driving under the influence of marijuana is not covered by Prop 207 expungement. DUI convictions are addressed through other remedies.
How much does the petition cost?
Court filing fees vary by county. Many courts charge no fee or a reduced fee for Prop 207 petitions. Attorney fees depend on the attorney, the complexity of your case, and any related charges — ask any lawyer you contact for a written quote before you hire them.
How long does it take?
Many uncontested petitions are decided within 60 to 120 days of filing.
Can I file pro se?
Yes. Many petitioners successfully use the court's standardized forms. An attorney is helpful when the record is complex or the petition is opposed.
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