Marijuana Expungement in Arizona (A.R.S. 36-2862)
Proposition 207 lets Arizonans truly expunge, not just seal, a qualifying marijuana arrest, charge, or conviction.
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Can You Expunge a Marijuana Charge in Arizona?
Quick answer: Yes. Under Proposition 207 and A.R.S. § 36-2862, since July 2021 you can petition to expunge a qualifying marijuana offense, and it is truly erased, as if it never happened, not merely sealed. It covers possession of 2.5 ounces or less, cultivating six or fewer plants for personal use, and paraphernalia. This is the strongest relief Arizona offers, because the record is destroyed.
Check If You Qualify
Answer a few questions and we will screen your record against every Arizona relief option at once.
What It Does (and Doesn’t Do)
✓ It DOES
- Truly erases the arrest, charge, and conviction, not just seals it
- Lets you lawfully deny the marijuana offense ever happened
- Restores rights affected by that offense
- Applies even to old convictions, no waiting period
- Can be filed alongside other relief for non-marijuana cases
✗ It DOES NOT
- Only covers qualifying marijuana offenses (2.5 oz or less, 6 or fewer plants, paraphernalia)
- Does not cover sale, distribution, or large-quantity marijuana cases
- Does not expunge non-marijuana offenses, those use sealing or set-aside
- Does not restore rights lost due to a separate, non-marijuana conviction
Awards & Recognition
Our recognition for Phoenix marijuana expungement defense is independently verified, click any award to confirm it:
- National Trial Lawyers Top 100
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- Elite Lawyer 2026 – Criminal Defense
- Super Lawyers – Southwest
- National College for DUI Defense (NCDD)
When you are looking for the best Phoenix marijuana expungement lawyers, these are the independently verified credentials that matter, earned by Founding Attorney Michael Tamou and a full team of attorneys, including former prosecutors.
The Statute, in Plain Terms
A.R.S. § 36-2862 created Arizona’s only true expungement. If your marijuana offense qualifies, possessing 2.5 ounces or less, growing six or fewer plants at home, or possessing paraphernalia, you file a petition to expunge and the record is destroyed. There is no waiting period, and there is a legal presumption in your favor: the court must grant it unless the State proves you are not entitled.
Who Qualifies
You qualify if the offense was possession or consumption of 2.5 ounces or less of marijuana (no more than 12.5 grams of concentrate), possessing or cultivating six or fewer plants at your primary residence for personal use, or possessing marijuana paraphernalia. Sale, trafficking, and larger-quantity cases do not qualify, though other relief may.
The Process, Step by Step
- Confirm the offense qualifies under Prop 207.
- File the petition to expunge in the court that handled the case.
- The State may object, but the burden is on them.
- The judge grants expungement and the record is sealed and then destroyed.
We handle every step so you never guess at a form or deadline. Call 623-321-4699 for a free record review.
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Arizona Marijuana Expungement FAQs
What marijuana offenses can be expunged in Arizona?
Possession or consumption of 2.5 ounces or less, cultivating six or fewer plants at home for personal use, and possessing marijuana paraphernalia, under A.R.S. 36-2862.
Is Arizona marijuana expungement the same as sealing?
No, it is stronger. Expungement truly erases the record as if it never happened, while sealing only hides it from public view. Marijuana is the only offense Arizona lets you truly expunge.
Is there a waiting period for marijuana expungement in Arizona?
No. You can petition to expunge a qualifying marijuana offense at any time since July 2021, even for very old convictions.
How much does marijuana expungement cost in Arizona?
It depends on the number of cases and courts involved. We offer clear flat-fee pricing after a free review. Call 623-321-4699.
Can I expunge a marijuana sale or DUI charge in Arizona?
No. Sale, distribution, large-quantity, and marijuana-DUI cases do not qualify for expungement, but sealing or set-aside may still help.
Will expungement restore my gun rights?
If the marijuana conviction was what cost you your rights, expungement can restore them. If a separate felony is involved, you may also need firearm-rights restoration.
How long does marijuana expungement take in Arizona?
Most petitions resolve within a few weeks to a couple of months, since the law presumes you are entitled unless the State proves otherwise.
Do I have to appear in court to expunge a marijuana charge?
Often not. Many petitions are decided on the paperwork, and we handle the filing and any hearing for you.
Two Arizona Offices, One Team
We serve all of Maricopa County and the surrounding area, with free, confidential consultations 24/7 by phone and in-person meetings at either office by appointment.
Case Results Disclaimer: The results described on this page are based on specific facts and circumstances and do not guarantee or predict a similar outcome in any future case. Every case is different. Past results do not guarantee future results. No attorney-client relationship is formed by viewing this page or submitting a contact form until a written fee agreement has been signed. Tamou Law Group, PLLC is licensed to practice law in the State of Arizona. This website is for informational purposes only and does not constitute legal advice.