Prop 207: Getting Your Criminal Record Expunged In Arizona

Learn what steps you need to take to have a criminal offense taken off of your criminal record or sealed from public view in Arizona due to the passage of Proposition 207.

In the 2020 November election, Arizona voters approved proposition 207 to legalize marijuana, which included providing for certain marijuana-related records to be expunged from an individual’s criminal record.

What does it mean to have your criminal record expunged?

Your criminal history report is available to public view and will show all criminal verdicts. A criminal offense could prevent you from securing a loan for housing, renting an apartment, seeking employment, being granted a professional license, or being admitted to college.

Additionally, a criminal record can deprive you of certain civil rights, such as the right to vote or hold public office. You can also be deemed ineligible for public benefits, such as food stamps, public housing, and rights to government benefits. A criminal record affects our ability to adopt a child or retain custody of your child. Foran immigrant, a criminal conviction could result in deportation.

Nearly 9 in 10 employers use background checks to screen for applicants’ criminal records. An American Bar Association study found that more than 45,000 federal and state statutes and regulations impose disqualifications or disadvantages on individuals with a conviction.

You might be eligible to have that offense sealed from public view or removed from your criminal record by going through a process of expungement. An expungement removes arrests or convictions from a person’s criminal record entirely as if they never happened. Even a court or prosecutor cannot view a person’s expunged record.

Every state has laws that permit people to expunge arrests and convictions from their records. The details can vary from one state to the next, but most states’ do not require you to disclose a prior arrest or conviction to employers or landlords once it has been expunged from your record.

Eligibility for Expungement

The eligibility criteria for expungement can vary not only by state but also by jurisdiction.

Criteria for expungement eligibility might include:

• Felony convictions may not be eligible. Many jurisdictions do not allow felony convictions to be expunged. Some jurisdictions may allow expungements only for arrests or misdemeanor convictions.
• Juvenile offenses may be eligible once the juvenile reaches the age of eighteen. It is relatively common for a person to have their record sealed once they reach eighteen if they have not had further legal issues.
• Drug offenses may be eligible if a person has completed a drug rehab program.
• No criminal history since the end of the case;
• Minimal prior criminal history; and
• Completion of all terms of deferred disposition, probation, parole, or the sentence.

Some states have increased the eligibility for expungemen.

At least 23 states and the District of Columbia have enacted 37 laws that increase the scope of expungement and sealing remedies by extending these remedies to:

• Those with prior convictions or who received certain types of sentences, or only those with limited criminal histories, or
• Individuals whose charges were dropped, who were found innocent, or who otherwise avoided conviction.

Arizona has limited exceptions to get your record sealed or expunged.

Unlike many other states, Arizona does not have a regular process to get your criminal record sealed or expunged. The state government does allow the petition of the court to seal a criminal record if:

• You committed a Juvenile Offense. If you were a minor when you committed a crime ,generally, your record can be sealed.
• You were Wrongfully Accused. Under A.R.S. 13-4051, a person who is wrongfully accused may petition the court to have their public record cleared, but the burden of proof rests with the petitioner.

All other criminal offenses will require you to petition the court to get a conviction “set aside” in Arizona under A.R.S. 13-907, which is legally the equivalent of having your case dismissed.  When a conviction is “set aside”, There is still a public record of the arrest and previous conviction, but legally it has the effect of having the case “dismissed.” Your criminal record will likely show the original charge and conviction, but will show also it was "vacated," and the court order of dismissal. 

Crimes that are not eligible to be set aide include:

• A crime involving the infliction of severe physical injuries;
• A crime involving the use of any deadly weapon;
• A crime involving unwanted sexual advances;
• A crime where the victim was younger than 15 ; or
• A driving/moving violation while the defendant's license was suspended or revoked.

Marijuana Expungement under Arizona Prop 207

Effective July 2, 2021, upon petition by an individual, the courts must expunge charges, and convictions for the following marijuana offenses:

(1) possession, consumation, or transportation 2.5 ounces or less of marijuana;

(2) Possession, transportation, cultivation, or processing not more than six plants at an individual’s residence for personal consumption; and

(3) Possession, use, or transportation of paraphernalia. 

Within 30 days, the prosecutor must respond to a petition and may request a hearing. Still, the court must grant the petition unless the prosecutor establishes clear and convincing evidence that the petitioner is not eligible.  § 36-2862(a)(3).

How to Have Your Criminal Record Expunged

1. Obtain Your Criminal Record

The first step in determining eligibility for expungement is to get your criminal history record. Criminal records list the crimes you were arrested for, the offenses you were charged with, and the case’s outcome, including any sentences received. You or your attorney can get your record from the State Police or local law enforcement agency.

2. Obtain the forms to have your Arizona Record Expunged

Arizona law does not allow the expungement of a person’s total criminal record. Each eligible criminal offense must be applied for separately to have the record expunged.

You will need to obtain the names and addresses of all legal parties involved in your criminal case, including the law enforcement agency that arrested you, the attorney representing the county, and the prosecutor in your case. You will also need the date of the arrest and the offense. You or your attorney can obtain the necessary forms from the police department.

3. File and submit the request for expungement forms

Once the documents and forms have been submitted, the court has 60 days to review your petition to make a decision. If the court grants your request to have your record expunged, the agencies involved have 60 days to vacate or modify that order. 

If your request to have your record expunged is denied, you can file a lawsuit in the Superior Court of the county the arresting police department is located. You have thirty days from the date of receiving the denial to file the lawsuit. 

The process of expunging your criminal record can be complicated, and it can take an extensive amount of time to complete. A knowledgeable criminal defense attorney can determine whether you are eligible to have your crime expunged. They can walk you through the expungement process if you qualify and represent you in court as needed.