Arizona Marijuana Expungement Guide (Prop 207)

Arizona marijuana expungement under Proposition 207 — codified at ARS §36-2862 — gives qualifying Arizonans the chance to permanently erase old marijuana arrests, charges and convictions from public records. If you carried a marijuana case for years and watched it block jobs, housing, professional licenses or immigration relief, this statute is the cleanest fix Arizona law has ever offered. This guide explains exactly who qualifies, how the petition works, what it costs, and what an expungement actually does once it is granted.

What did Prop 207 actually change?

Prop 207, the Smart and Safe Arizona Act, legalized recreational marijuana for adults 21 and over and created Arizona's first true expungement remedy. Before November 2020, the best most people could get was a set-aside under ARS §13-905 — and even that left the conviction visible on background checks. Prop 207 went further. It directed the courts to expunge qualifying records, meaning the arrest, the charge and the conviction are sealed from public view and treated, in most respects, as if they never happened.

Petitions became available on July 12, 2021. Since then, thousands of Arizonans have used §36-2862 to clear records ranging from college-era paraphernalia citations to felony cultivation convictions that fell within the new threshold quantities.

Who qualifies for an Arizona marijuana expungement?

Three categories of marijuana conduct qualify for expungement under ARS §36-2862.

1. Possession, consumption or transportation of 2.5 ounces or less of marijuana, of which not more than 12.5 grams was in concentrate form.
2. Possession, transportation, cultivation or processing of six or fewer marijuana plants at your primary residence, for personal use.
3. Possession, use or transportation of paraphernalia related to the cultivation, manufacture, processing or consumption of marijuana.

You qualify whether the case ended in a conviction, a deferred judgment, a dismissal, or even an arrest with no charges filed. Juvenile adjudications are eligible. Old felony convictions for the same conduct are eligible — Arizona used to charge simple personal-use marijuana as a felony, and Prop 207 reaches those cases too.

Who does NOT qualify?

If your case exceeded the personal-use thresholds, involved sale, or involved impaired driving, it is not eligible. Specific disqualifiers include:

• Possession of more than 2.5 ounces of marijuana (or more than 12.5 g concentrate).
• Cultivation of more than six plants, or plants grown outside your primary residence.
• Sale, transfer for value, manufacture-for-sale, or trafficking.
• DUI involving marijuana under ARS §28-1381(A)(3).
• Out-of-state convictions (those require relief in the state where they occurred).

What Prop 207 expunges vs. what it does not

How do I file the petition under ARS §36-2862?

File a petition in the court where the conviction or charge was entered, using the form approved by the Arizona Judicial Council. The basic steps are:

1. Pull your criminal history (DPS record request) to confirm every eligible case.
2. Complete Form CRPL11f (or the local equivalent) for each case.
3. File in the convicting court — Justice Court, Municipal Court or Superior Court.
4. Serve the prosecuting agency (city attorney, county attorney, or AG, depending on who charged you).
5. Wait out the 30-day objection window under §36-2862(D).
6. If no objection, the court signs the order; if there is an objection, the court holds a hearing and decides on a preponderance standard.
7. Once granted, the order goes to DPS, the arresting agency and the FBI for record sealing.

How long does it take and how much does it cost?

Uncontested petitions are typically signed within 30 to 90 days. Filing fees in Superior Court run about $239 per case in 2026; municipal and justice courts are usually lower. Courts will waive the fee on a sworn application for indigent status. Attorney fees for routine petitions usually run $750–$1,500 per case, with discounts when several eligible cases are bundled into a single filing batch.

What does an expungement actually do?

An expungement under §36-2862 lets you truthfully answer "no" on most job, housing, professional-license and rental applications when asked about prior convictions. That is a stronger result than the older set-aside remedy, which only annotated the conviction rather than sealing it. Once the order is entered, the case should drop off public Arizona court dockets and DPS background checks within a few weeks. Firearm rights tied to the marijuana conviction are restored at the same time, provided no other disqualifier exists.

What about federal marijuana convictions?

Arizona cannot expunge a federal record. If your conviction came out of the U.S. District Court of Arizona, you need a federal remedy — currently a presidential pardon under the 2022 simple-possession pardon proclamation, or a §2255 motion if there is a constitutional defect. We cover the federal side in our companion post on federal vs. state criminal charges in Arizona.

Should I file pro se or hire an attorney?

You can file alone, but a single objection or technical defect can sink the petition. An attorney pulls the full criminal history, confirms eligibility under the threshold quantities, drafts the petition with the statutory findings the court expects, serves the right agency, and responds to any objection on the merits. For people with multiple cases or older paperwork problems, an attorney usually pays for itself.

For statutory text, see ARS §36-2862 and the Arizona Judicial Branch resources page.

This article is for general information only and is not legal advice. Every case turns on its specific facts. Speak with a licensed Arizona attorney about your situation.