Arizona Cannabis Expungement Under A.R.S. §36-2862

Last verified: April 2026

What Was Created

Proposition 207 created an expungement petition right at A.R.S. §36-2862. Individuals convicted (or adjudicated as juveniles) of certain pre-2020 marijuana offenses may petition the court that handled their case to expunge the record — effectively sealing it from public view and (in most contexts) lawfully treating the underlying offense as if it never occurred.

What Qualifies

Per the statutory language, a person may petition for expungement if their conviction was for one of the following:

• Possession, consumption, or transportation of 2.5 oz or less of marijuana (with no more than 12.5 grams as concentrate)
• Possession, transportation, cultivation, or processing of not more than 6 marijuana plants at the person’s primary residence for personal use
• Possession, use, or transportation of paraphernalia related to marijuana consumption

Convictions for distribution, sale to a minor, sale across state lines, or amounts above the listed thresholds do not qualify.

How the Process Works

1. Identify the case. File a petition in the court that originally handled the conviction or adjudication. For Maricopa County cases that means Superior Court (felony) or the relevant municipal court (misdemeanor).
2. Notice to the prosecuting agency. The court forwards the petition to the prosecuting county attorney or city prosecutor.
3. Prosecution response. The agency may agree (uncontested petition, often resolved on paper) or contest (requires a court hearing).
4. Court order. The court grants expungement unless the prosecuting agency demonstrates the conviction does not qualify.
5. Record sealing. Once granted, the court orders the record sealed; you may lawfully state on most applications and in most contexts that you have not been convicted.

What Expungement Does

• Seals the conviction from public criminal-history searches and most background checks
• Allows you to lawfully answer "no" on most employment, housing, and licensing applications asking about prior convictions
• Restores eligibility for some occupational licenses (e.g., professional licenses where a marijuana conviction was a bar)

What It Does Not Do

• Federal records. Arizona expungement does not reach federal databases. Federal background checks (FBI, NICS for firearms, federal employment) may still surface the original arrest.
• Immigration. Arizona expungement does not cure immigration consequences of a federal-level controlled-substance conviction.
• Some sensitive contexts. Certain professional licensing bodies, security clearances, and law enforcement applications may still require disclosure of expunged convictions.

Where to Get Help

Maricopa County Attorney’s Office

Headed by Rachel Mitchell (took office January 2023 after Allister Adel’s death and special election). Per the office’s website, the office "will assist people who have been convicted/adjudicated of a crime listed above by filing a stipulated motion to expunge their conviction/adjudication." This means in qualifying cases the prosecutor will file or join the petition for you — the simplest pathway in Maricopa County.

Arizona Justice Project

The Arizona Justice Project, with grant support from the ADHS Office of Health Equity, conducts free legal clinics throughout the Valley to help people petition for expungement of qualifying cannabis convictions. Clinics rotate locations; check their site for current schedule.

University of Arizona James E. Rogers College of Law

The University of Arizona School of Law operates an expungement clinic that takes selected cases for full pro-bono representation. Limited slots; eligibility depends on case complexity.

Pinal County and city prosecutors

For convictions in Pinal County (Casa Grande, Apache Junction, Florence, Coolidge), petition the relevant Superior Court or city court with notice to the Pinal County Attorney’s Office. Smaller-jurisdiction practices vary; Arizona Justice Project can advise.

Cost

Filing fees vary by court (typically $0–$50; some courts waive fees for indigent petitioners). Prosecutor-assisted petitions through Maricopa County Attorney’s Office typically have no filing fee. Pro-bono clinics provide representation at no cost.

Why It Matters

For people with old cannabis convictions, expungement opens up employment, housing, professional licensing, and (in some cases) firearm rights that were closed by a single arrest decades ago. Arizona’s pre-Prop 207 cannabis enforcement was racially disparate; the expungement program is one of the few mechanisms to address that legacy. If you or someone you know qualifies, the petition is straightforward, the cost is low, and the upside is substantial.