Marijuana was once a four-letter word among law-abiding citizens, and we’re not just talking about the term “weed,” either. Not too long ago, cannabis was considered to be one of the many substances that would land you in jail for as long as 15 years or more. However, times are changing—and so are peoples’ attitudes towards cannabis.

Arizona recently passed laws that legalized both medical and recreational marijuana throughout the state. Along with welcoming cannabis-friendly companies, the provisions of the new law allow people convicted of cannabis possession to petition the state to get their convictions expunged.

The cannabis conviction expungement provision is known as Prop 207, and it’s getting into the works sooner than you think. Want to know where your conviction lies in this new situation? Here’s what you need to be aware of.

Are You Eligible For A Marijuana Conviction Expungement?

While Prop 207 approved and underway, many people are already gaining a lot of steam about their convictions being overturned. The thing is, the law is not being implemented the same way across all 15 counties in Arizona.

Each county is implementing expungement differently, and that includes eligibility. Many counties haven’t fully determined who will be eligible for expungement. However, certain things have been made clear:

• Your conviction has to be for smaller amounts of marijuana. The general consensus appears to be that amounts under one ounce are most likely to be expunged.
• Convictions can include use, being under the influence of, and selling. Many states are open to expunging larger convictions as long as they are tied to marijuana. This can mean that certain felonies may be expunged.
• Some counties have already stated that they will be doing expungements on a case by case basis. Since each conviction is going to be different, this may be the best way to go through it.
• Many counties, including Maricopa county, have chosen to immediately dismiss pending convictions. This means that you may not even have to worry about the charges brought against you thanks to Prop 207.
• If the conviction came in the form of a DUI, chances are that it will not be expunged. DUIs differ from cannabis crimes in the legal sense. Since you are putting others in danger via a DUI, most courts will not allow expungement from this type of charge.
• If the conviction involves a quantity that was larger than what the current legal limit on cannabis is in your area, the decision still stands. So, no, not all cases will be expunged. If you would still be guilty of the crime today, you won’t get your case expunged.

When Will Prop 207 Be Implemented?

Currently, you still cannot get your marijuana convictions expunged in the state of Arizona. The first expungements will occur on July 21, 2021. In the meanwhile, many counties are now dropping charges and pending convictions related to marijuana statewide.

With that said, the law does give convicted persons the right to start prepping their petitions for expungement before the implementation day. So if you want to start working to put together an application for expungement, now would be a good time to get a head start on it.

What Does Expungement Mean For People Convicted Of Marijuana-Related Crimes?

Cannabis crimes were a major thorn in many Arizona residents’ sides, and there’s some good news up ahead. People who have their crimes expunged can expect the following things to happen:

1. Expungement gets rid of the judgment of conviction.
2. The convictions no longer will be on record, which means that you won’t be able to search up the arrest, charge, judgment or conviction details anymore.
3. Authorities in law enforcement will be notified of the expungement and obligated to seal records relating to the charge.
4. Your court clerk will also be required to seal all the documents relating to the cannabis crime, prohibiting anyone from accessing them.
5. Any and all civil rights that were revoked as a result of the conviction will be immediately restored.

How Do You Get Your Marijuana Conviction Expunged?

In order to get your cannabis conviction expunged, you will need to file a request for expungement. This can be done by picking up a marijuana expungement request form from the county office, filling it out, and then filing it with the clerk.

It’s important to realize, though, that each county has its own procedure in place when it comes to the nitty-gritty details. The paperwork will require proof and statements from others, depending on the circumstances. Currently, Arizona is putting a whopping $4 million into making this process smoother.

Hiring a lawyer to help you fill out the forms is a smart decision that can maximize your chances of getting a conviction expunged.

Are Expungements Guaranteed To Go Through?

Here’s the thing most people don’t want to hear: expungements are never guaranteed to go through and get accepted. If a prosecutor or court system decides that there is a reason your record shouldn’t be expunged, they can file an objection and your expungement filing can be denied.

With that said, this is extremely rare and is more the exception than the rule. Most people who have expungements denied have multiple charges levied against them featuring the same stop—such as additional drug charges, felony assaults, or theft.

What Can You Do If Your Expungement Filing Is Denied?

A denial can be a pretty devastating thing to deal with, especially if you were hoping to apply for a new job or just get your life back on track. The same can be said with just finding out that your filing came with an objection, too.

If your filing was denied, the next step you can take is to call a lawyer who can advise you on filing an appeal. From there, you can file an appeal and make your case heard. With hope, you may be able to get an expungement.

Can You Still Get Arrested For Marijuana In Arizona?

While the expungements are great news for people who have current convictions, the truth is that it is not a free for all. Arizona still takes sobriety seriously. This means that you can still get arrested if you’re caught driving under the influence of cannabis, possessing more than the legal limit, or trying to sell weed outside a dispensary.

If you get arrested with the current laws on cannabis, the chances of you getting your new charge expunged are slim to none. This is because Prop 207 was made to make amends for draconian laws enacted earlier on in the state’s history.s

Talk To A Lawyer About Expunging Your Conviction Today

Arizona’s new laws have widespread benefits for people who have a vested interest in cannabis, and that includes people who have been convicted of possession earlier on. This could be your opportunity to get the conviction that you have expunged—and that’s a huge boon.

Now is the time to grab your life by the horns, but to do that, you will need to get help. Talking to a qualified lawyer can help you get the results you need and answer the questions you have. So, what are you waiting for?