AZ Appeals Court allows man to expunge marijuana conviction from record

By Greg Hahne
Howard Fischer/Capitol Media Services
Published: Thursday, June 1, 2023 - 3:00pm

The state Court of Appeals has opened the door for people convicted of selling small amounts of marijuana to qualify for clearing their records.

The unanimous decision from the Court of Appeals overturned a lower ruling that did not let a man expunge his record.

In writing for the court, an appellate judge said clearing the records of those who had small amounts of marijuana was the intention of the voter approved 2020 law that legalized recreational use.

That law allows people to carry up to 2½ ounces of marijuana, as well as allow people with prior convictions to petition if they carried a lesser amount.

The Maricopa County Attorney’s Office did not oppose the man’s petition, even though it prosecuted the man in the first place. The petition was challenged by a third party.