Thousands apply to clear records of marijuana offenses in Arizona, but many more have yet to act

Arizona Republic

Nearly 10 months after Arizona voters passed Proposition 207, thousands of people convicted of minor marijuana-related offenses are having their records wiped clean and hundreds more are applying to do so each week.

Over 3,600 petitions for expungement of marijuana convictions have been granted since they became available in Maricopa County on July 12, with an average of 506 petitions filed each week, according to Maricopa County Superior Court.

Proposition 207 legalized the use and possession of marijuana for adults over the age of 21 in Arizona. The ballot measure also allowed for the cultivation of marijuana and for dispensaries to sell it.

And now, anyone in Arizona accused or convicted of the activities made legal by the proposition is eligible for expungement, meaning charges or convictions are erased from their record.

The expungement process is free and courts can grant a petition in as little as 30 days.

Yet, hundreds of thousands of those eligible to remove marijuana-related infractions still have not filed a petition for expungement.

Julie Gunnigle, director of politics and civic engagement with Arizona NORML, a marijuana advocacy group, said despite the surge of applications the number of petitions is quite low when compared to how many people are eligible.

There are 250,000 to 500,000 cases that may be eligible for expungement, and over two-thirds of those are for marijuana possession alone, according to Gunnigle and crime reports from the Arizona Department of Public Safety.

“I think a lot of people don't understand what an expungement means because it hasn't existed before in any appreciable way in Arizona law,” Gunnigle said.

Under Proposition 207, if a court grants a petition for expungement:

All records related to the arrest, charge, adjudication, conviction or sentence are sealed and unavailable to the public.
The individual granted expungement “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.”
The conviction and sentence is vacated and outstanding fees related to the charge are dropped.
The expunged charge cannot be used in a subsequent prosecution.

Exclusions to the proposition and common questions about the expungement process can be found at https://www.azcourts.gov/prop207/FAQ#Q13.

"This is a true sealing of your criminal record, only you and your attorney will ever see that this ever happened ever again and I think that's powerful stuff," Gunnigle said.

Legal assistance is free and available through organizations like the National Organization for the Reform of Marijuana Laws, which helped process over 1,000 of the granted petitions in Maricopa County and plans to hold clinics in every county by the end of the year.

Determining eligibility and finding the information necessary to fill out the application may be more difficult for some, which is why Proposition 207 also allocated $4 million towards making the expungement process more accessible to the public.

The Arizona Marijuana Expungement Coalition, a community outreach and legal services organization, is using funding awarded by the Department of Health Services to ensure that those who are eligible for expungement are aware of the opportunity, understand the benefits and court process, and has access to free legal services.

“I think it can be intimidating for some people and that's why we want to be there to help people throughout the process so that they aren't intimidated and the records expunged for people that qualify,” said Lindsay Herf, executive director at the Arizona Justice Project, a member of the coalition.

Other states have done automatic expungement for low-level marijuana crimes, meaning no petition or application was required, but Arizona has not done that.

How to get your record sealed

Some people with certain marijuana-related offenses on their records may not be able to seal them. Eligible petitioners are those who were arrested, charged, convicted or acquitted of any of the following offenses:

Possessing, consuming, or transporting 2 1/2 ounces or less of marijuana, of which not more than 12 1/2 grams was in the form of marijuana concentrate;
Possessing, transporting, cultivating, or processing not more than six marijuana plants at a primary residence for personal use; or
Possessing, using, or transporting paraphernalia related to the cultivation, manufacture, processing, or consumption of marijuana.

Instructions and expungement forms are available at azcourts.gov/prop207. A prosecuting agency has 30 days to grant the expungement after the forms are completed.

For a petition to be granted, applicants must fill out the correct form for the appropriate court related to the case; there are separate petitions for each.

The form also requires a case number, which can be found at apps.supremecourt.az.gov/publicaccess/caselookup.aspx.

The Arizona Supreme Court in June noted that the expungement process can become tricky if multiple courts and crimes are involved with the charges.

"Implementation can be complicated in part because records eligible for expungement can be included on documents with other, ineligible offenses or that include information about co-defendants not eligible for expungement," the court said.

The information needed for expungement is mostly demographic, along with the date of arrest and a case number, which can be challenging to find for those who have an arrest over 10 years ago, Herf said.

Some people have jumped at the opportunity to clear their record, though. Carlos Diaz, a Glendale resident, was pulled over for a missing headlight in 2011. He said he was sober and even after passing two sobriety tests, officers searched his car and found the remnants of a joint under his car seat.

Diaz’s arrest resulted in a misdemeanor conviction for possession of marijuana that was on his record for 10 years and jeopardized multiple job opportunities.

“I've always provided for my family, but the HR policy at the time was, you know, we can't take you. So then I applied again and I got the job again. God bless that office manager,” Diaz said.

While Diaz already had a job in finance, he seized the opportunity for expungement of his charge the day it became available.

“It's just very hypocritical for me to walk around with a charge on my back when nowadays it's legal. So if you can get it removed, get it removed. Man, get it done," he said.

— Republic reporter Ryan Randazzo contributed to this article.

Reach the reporter at isabella.martillaro@arizonarepublic.com. Follow her on Twitter at @martillaronews.