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  • Writer's picturerichard noel

Weed is Legal in AZ. Can I Erase My Old Charge?

Updated: Oct 6, 2021

When Arizona legalized recreational marijuana with the passing of Proposition 207 the legislation also paved the way for thousands of Arizonans who had previously been convicted of minor marijuana-related offenses to have those cases expunged.

Here's how to know if your old case qualifies:

You may seek expungement of your marijuana-related criminal records if you were either arrested, charged, convicted or acquitted of any of the following offenses:

1. Possessing, consuming, or transporting two and one-half ounces or less of marijuana*, of which not more than twelve and one-half grams was in the form of marijuana concentrate.

2. Possessing, transporting, cultivating, or processing not more than six marijuana plants at your primary residence for personal use.

3. Possessing, using, or transporting paraphernalia related to the cultivation, manufacture, processing, or consumption of marijuana.

But what if you were charged with marijuana possession "for sale?" Unfortunately your charge will NOT qualify for expungement based on the threshold amounts the legislature carved out in Prop 207. You must have had less than 2.5 ounces or 6 plants.

How does one go about getting the process started? If you think your previous charge qualifies, an attorney can ask the court to expunge those records by filing the appropriate paperwork with the courts. Our qualified attorneys can look at your case with you, before quickly and inexpensively filing the appropriate paperwork on your behalf. Contact us today for a free consultation.

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