(520) 724-5600 info@pcao.pima.gov

Proposition 207 Expungement Petitions

 

 

 

 

On Nov. 3, 2020, Arizona voters overwhelmingly approved the Smart and Safe Arizona Act, also known as Proposition 207, at the ballot. This measure legalized recreational marijuana for adults 21 and older, allowing them to possess up to 1 ounce (28g) with no more than 5 grams being marijuana concentrate, and to have up to 6 marijuana plants at their home (with up to 12 marijuana plants in households with two or more adult members.) See A.R.S. § 36-2852.

Proposition 207 allows any person convicted of certain crimes related to possession, consumption, cultivation, and transportation of marijuana before July 12, 2021, to petition for the expungement of that criminal record, including arrest, charge, adjudication, conviction, and sentence. See A.R.S. § 36-2862.

Note: Certain other convictions may be set aside under Arizona law, under some circumstances. You can find information about possible relief from a conviction which is not eligible for Proposition 207 expungement by clicking here.

Beginning on July 12, 2021, individuals may apply for expungement of records related to prosecutions which occurred prior to the passage of Proposition 207.  Records of Offenses may be expunged if they involved:

  1. Possessing, consuming, or transporting two and one-half (2.5) ounces or less of marijuana, of which not more than twelve and one-half (12.5) grams was in the form of marijuana concentrate.
  2. Possessing, transporting, cultivating, or processing not more than six (6) marijuana plants at the individual’s primary residence for personal use.
  3. Possessing, using, or transporting paraphernalia related to the cultivation, manufacture, processing or consumption of marijuana.

The Pima County Attorney’s Office (PCAO) will carry out the will of the voters quickly and efficiently by facilitating the expungement process. Proposition 207 authorizes PCAO to file an expungement petition in any eligible case prosecuted by this Office. PCAO will assist a person seeking an expungement by filing a petition on their behalf if the person applies via the web form below and if, in PCAO’s judgment, the person is eligible for expungement. A person with a conviction, or their legal representative, may use the web form below. Please note that there is no fee to be paid to PCAO or to the court for filing an expungement petition. Although a lawyer or licensed legal professional may assist in filing a petition, it is not necessary to retain a lawyer or other legal assistance.

For PCAO to file a petition on your behalf, the following conditions must be met:

  1. The amount of the marijuana involved in the case must be no more than 2.5 ounces of marijuana, 12.5 grams of marijuana concentrate, or 6 marijuana plants.
  2. The case must have been prosecuted by PCAO in the Pima County Superior Court or Pima County Justice Court before July 12, 2021. PCAO cannot file a petition if you were prosecuted in another county, in Tucson or any other City Court, or by the state Attorney General or another prosecutor. PCAO also cannot file a petition for a person who was arrested but whose case was never presented to this Office. (If you were prosecuted in Maricopa County, you may ask the Maricopa County Attorney’s Office to file a petition for you by clicking here.)

 Please confirm that the following statements are true, and that you have the following necessary information:

  • I am a person arrested, charged, or convicted in a marijuana case before July 12, 2021, or such a person’s legal representative (lawyer or licensed legal paraprofessional).
  • The case was in (A) Pima County Superior Court or (B) Pima County Justice Court.
  • The case involved personal possession, consumption, or transportation of no more than (1) two and one-half ounces of marijuana, (2) 12.5 grams or less of marijuana concentrate, or (3) 6 marijuana plants.
  • I have the person’s current legal name, the name used at the time of conviction, current address, date of birth, and court case number. To look up missing information, contact the attorney who represented you, or visit the Pima County Superior Court Case Search or the Pima County Justice Court Records.

If all of the above statements are true, please fill out the form below.

You may also file a petition on your own. Forms, instructions, and rules are available here.