
With Arizona’s evolving marijuana laws, individuals with past convictions may be eligible for expungement or sentence reductions. If you or a loved one has a prior marijuana-related conviction, recent legal changes could provide a path to clearing your record or reducing penalties. Here’s what you need to know.
Understanding Arizona’s Marijuana Expungement Law
In 2020, Arizona voters passed Proposition 207, legalizing recreational marijuana and allowing for the expungement of certain marijuana-related convictions. This means that individuals previously convicted of possessing, transporting, or using marijuana in amounts now legal under the new law may be eligible to have their records cleared.
Key Court Ruling: State v. Williams
A recent Arizona Court of Appeals decision in State v. Williams confirmed how expungement impacts prior convictions:
- Timeliness of Petitions: While post-conviction relief petitions typically must be filed within 90 days of sentencing, the court acknowledged that claims related to significant legal changes—such as marijuana legalization—can still be raised later if filed within a reasonable timeframe.
- Significant Change in Law: The court confirmed that the legalization of marijuana and its expungement provisions qualify as a major shift in Arizona law, allowing individuals to seek relief even for older convictions.
- Retroactive Application: Expungement laws apply retroactively, meaning they can be used to clear convictions for conduct that was illegal before Proposition 207 was passed.
- Impact on Sentencing: Expunged convictions cannot be used against individuals in future prosecutions, potentially reducing sentencing enhancements based on prior offenses.
Could You Be Eligible for Expungement or Sentence Reduction?
If you were convicted of a marijuana-related offense that is now legal under Arizona law, you may be eligible for:
- Complete expungement of your conviction
- Sentence reductions if past convictions were used to enhance penalties in later cases
- The removal of barriers to employment, housing, and other opportunities associated with a criminal record
Take the Next Step
Navigating the expungement process can be complex, but our experienced legal team can help determine your eligibility and guide you through the necessary steps.
If you think you may qualify for relief under Arizona’s marijuana expungement laws, contact DiMaggio Law Office today at 480-999-0094 to discuss your options and take the first step toward clearing your record.