Due to the recent passing of the same legislation that legalizes recreational use of marijuana in Arizona, people previously convicted of possession of marijuana in the state will soon have the opportunity to have their convictions expunged.
Criminal convictions can result in consequences such as the loss of civil rights or the inability to pass a background check. But if a conviction for possession of marijuana is expunged, those rights, including the right to possess a firearm are restored, the case is dismissed, and the record of the case should be sealed by both federal and state authorities.
What’s Unclear Under the New Law
In the past, people have tried to have their convictions set aside, only to find out that they still owe fines or fees to the court. This almost automatically results in the request being denied.
Under the new law, there is no specificity as to whether or not fines and fees need to be paid off in order for the court to expunge an Arizona conviction for possession of marijuana. Because the prosecutor can oppose a request to expunge the conviction, the best advice is to make sure that all financial obligations are paid off before the request to expunge is made.
How a Phoenix Criminal Defense Attorney Can Help You Expunge Your Possession of Marijuana Conviction
Like any new law, there will be challenges to the statute that allows for the expungement of possession of marijuana convictions. For example, if the court has issued a criminal restitution judgment for unpaid fines and fees, does the expungement of the conviction result in the judgment being discharged, or forgiven. Having a criminal defense attorney file your request to expunge your conviction may expedite the process and increase the likelihood of getting your possession of marijuana conviction expunged once and for all.
You’ve lived with your conviction for long enough. We are assisting clients in having their Arizona possession of marijuana convictions expunged on a flat fee basis using a very streamlined, and what we believe to be an effective process. If you have a prior possession of marijuana conviction you would like to try and get expunged, please contact us at (602) 663-9100 to discuss the next steps.