Prop 207: Can My Marijuana Conviction be Expunged in Arizona?
In November of 2020, the citizens of Arizona voted to approve Proposition 207 which legalized private, recreational cannabis use. Proposition 207 also included provisions in which people with certain marijuana criminal charges could petition the court to get the convictions expunged from their records. Having your record expunged could be an incredible asset if you are looking to move forward in your personal and professional life.
In this article, we will discuss how to have your marijuana criminal record expunged, with a focus on people with professional licenses who are up for renewal or are seeking to obtain their initial license. Although the new Arizona law does not provide specific guidance on whether discipline on your professional license can be rescinded, we are happy to talk with you about whether your specific case is worth presenting to the licensing board to request a rescission. If, after reading this article, you have additional questions about having your marijuana criminal record expunged, we welcome you to contact us at Boesen & Snow LLC. We can help.
Who Can Get Their Marijuana Convictions Expunged Under Proposition 207?
In order to have your Arizona marijuana conviction expunged, you must meet one of the following criteria:
- You have been charged with Possession of Marijuana, Consumption of Marijuana, or Transportation of Marijuana and the quantity involved was 2.5 ounces or less.
- You were charged with Possession, Transportation, Cultivation, or Processing of six or less marijuana plants at your primary residence.
- You were charged with possession, use or transportation of paraphernalia related to marijuana.
What Are the Benefits of Having My Arizona Marijuana Criminal Record Expunged?
There are a few important benefits to having your Arizona marijuana criminal record expunged, including:
- Your right to own a firearm can be restored.
- All records related to the charge will be sealed.
- Records from the charge will be removed from your individual background check data.
- You will not have to report expunged convictions on some job, housing, and loan applications.
What Are the Benefits of Getting Discipline from A Professional Licensing Board Stricken from Your Record?
Although the new Arizona law does not provide specific guidance on whether discipline on your professional license can be rescinded, we are happy to talk with you about whether your specific case is worth presenting to the licensing board to request a rescission. The benefits of getting discipline related to a marijuana conviction from a professional licensing board taken off your record include the following:
- You will not have to report any professional discipline on most job applications.
- You will still have to report your criminal conviction and any resulting professional discipline when renewing or applying for a new professional license. However, licensing boards may look more favorably on any applicant that has documented expungements.
It’s important to note that there is no guarantee that a professional licensing board will clear your professional record even if you have your Arizona criminal marijuana record expunged. But an expungement can go a long way in your petition to the licensing board.
What is the Difference Between a Proposition 207 Expungement and Setting Aside My Conviction?
Proposition 207 is unique because, generally, criminal records could not be expunged in Arizona. Instead, they could only be “set aside.”
If your conviction is just “set aside” it remains part of Arizona’s public records. That means it will still show up in a background check. However, there will be a notation that your conviction has been set aside.
Expungement is different. It actually seals the records of your arrest and conviction. Only you and your attorney can access those records. Any employer, landlord, or member of the general public will not be able to access your records.
Get a Team of Professionals in Your Corner
The experienced attorneys at Boesen & Snow LLC will assist you in filling out all the necessary paperwork to petition the Arizona court for your expungement. If there is a dispute regarding your petition, the court will hold a hearing. We will be by your side at the hearing and present a strong case for your record to be expunged.
If the court grants your petition, an order will be issued that states your Arizona criminal marijuana records have been expunged. Your civil rights will then be fully restored, and your records sealed.
For thousands of people who have a marijuana conviction in Arizona, the passing of Proposition 207 gives Arizonians more than just the freedom to purchase and use recreational cannabis. It gives many people a new lease on life.
As a person holding or applying for a professional license, having your Arizona marijuana criminal record expunged could have the opportunity to clear your criminal record which may improve your career prospects and overall quality of life.
That is why you want to get assistance from a lawyer with whom you trust. While surrounding yourself with trusted experts has a cost, it will actually save you much more money in the long run. You should view retaining an experienced Arizona marijuana criminal record expungement attorney as an investment in your future, rather than a simple expenditure.
Having an experienced pharmacy attorney at your side is crucial. We welcome you to call us at Boesen & Snow LLC, so we can help you with your Arizona marijuana criminal record expungement. We will do the due diligence required so you do not have to worry, and you can go on to live your life. Call us at 602-900-8562, or contact us online today.