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Arizona Marijuana Expungement FAQ Frequently Asked Questions

This page was designed to help our clients better understand our Arizona Marijuana Expungement service. You will find answers to the questions we are most frequently asked. If your question is related to eligibility requirements please take the free online eligibility test.



If my case involved a marijuana offense and a non-marijuana offense can I still get relief for the whole case?

The law is very specific that relief only applies to one of the three types of offenses. You can apply for the charge(s) that qualify and the remaining charges that do not qualify will remain on your record.

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Which marijuana offenses are eligible for expungement in Arizona?

Arrests and/or convictions for: - Possessing, consuming, or transporting 2.5 ounces or less of marijuana, of which not more than 12.5 grams was in the form of marijuana concentrate; - Possessing, transporting, cultivating, or processing not more than six marijuana plants at the individual’s primary residence for personal use; or - Possessing, using, or transporting paraphernalia relating to the cultivation, manufacture, processing, or consumption of marijuana.

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Should I also get a Set Aside of Conviction?

No. This form of relief will expunge and remove all the qualifying offenses as though it did not occur and restore civil and firearm rights if lost. A set aside is not necessary except for convictions that do not qualify.

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If I already had my marijuana offense set aside, can I still apply for this relief?

Yes. If you previously had an eligible marijuana offense set aside you may now also apply for relief under this statute to have the charge expunged.

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Do I need this expungement if I was arrested but not convicted of a marijuana offense?

Yes. The record of your arrest remains public record. You can remove the arrest for a qualifying marijuana offense even if you were not ultimately convicted.

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What if I have multiple cases?

If they are all eligible marijuana offenses, we can file for each of them. We do charge a fee per case, but we offer a discount for additional cases beyond the first one.

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Can I expunge my arrest?

If the offense is for an eligible marijuana offense, then you can apply for an expungement of the record.

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Should I apply for an arrest record sealing or marjuana arrest expungement?

To obtain an arrest record sealing requires you to prove factual innocence in the case. It is a high legal hurdle to pass. The marijuana arrest expungement has a much lower hurdle and your offense need only be on the eligible list of offenses for the court to grant the expungement. We also do not currently offer arrest record sealing for non-marijuana cases at this time due to their difficulty.

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What if I have a federal marijuana case?

This relief only applies to cases that were heard in a State of Arizona court. Federal relief is not possible with this law.

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How long does this process take?

This is a new form of relief and there may be an early surge of requests to the court for marijuana expungement. This may cause the process to take longer than what might be expected. Maricopa County courts may have the highest processing periods due to their larger volume of cases.

We recommend you get started as soon as possible to get your case filed. The sooner you start, the sooner you will enjoy the relief of the expungement.

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What is the main reason a request for expungement is denied?

The court shall grant the relief unless the prosecutor’s office can show by clear and convincing evidence that the offense is not eligible for relief. If you case is denied, it probably doesn't qualify.

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Do I have to attend the hearing?

The case is likely to be decided without a hearing. A hearing is only required if the facts of the case are in dispute. In the event a hearing takes place we will determine if your presence is required and inform you of that. We can request your presence be waived, but it is at the discretion of the judge.

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Do I ever have to disclose my case?

An individual whose record of arrest, charge, adjudication, conviction or sentence is expunged pursuant to this section may state that they have never been arrested for, charged with, adjudicated or convicted of, or sentenced for the crime that is the subject of the expungement. (ARS 36-2862). You can truthfully state that it never occurred under this law once expunged.

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Can my case be used against me in the future?

A case expunged under this statute cannot be used by the court or prosecution in any subsequent case.

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Who can access the record after it has been expunged?

Only the named applicant and their attorney.

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Does this restore my gun rights?

If your firearm rights have not already been restored, any firearm rights lost as a result of the expunged conviction will be restored with the expungement. If you have other convictions that cause a loss of firearm rights, you will need a restoration for each case. The restoration effect of a marijuana expungement only applies to the case the expungement is for.

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Can I serve on a jury and vote?

If your civil rights have not already been restored, any civil rights lost as a result of the expunged conviction will be restored with the expungement.

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Will this help my immigration case?

Since everyone's situation is different, you should discuss your case with an immigration attorney to determine the impact your criminal record may have on your immigration status. You can contact our immigration attorney at 714-617-8395.

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Does the FBI get notified of an expungement?

The Department of Public Safety is responsible for updating it’s held records and notifying the FBI of the change in status of the expunged record.

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The first step towards a better life begins with finding out if you are eligible for Arizona Marijuana Expungement.



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Call us at Toll Free (877) 573-7273
Please take the free online eligibility test before calling.

Law Firm of Higbee & Associates
2942 N 24th Street, Suite 114-315
Phoenix, AZ 85016
*By Appointment Only

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