What is a Petition to Expunge Records (Prop 207) & what is the process?
- What is a Petition to Expunge Records (Prop 207)?
- Proposition 207 includes a new statute ARS § 36-2862
that authorizes some people to petition a court for an order that will seal their marijuana-related criminal records. Eligible petitioners are those who were arrested, charged, convicted, or acquitted of any of the following offenses based on conduct occurring before November 30, 2020:
- Possessing, consuming, or transporting two and one-half ounces or less of marijuana, of which not more than twelve and one-half grams was in the form of marijuana concentrate.
- Possessing, transporting, cultivating, or processing not more than six marijuana plants at your primary residence for personal use; or
- Possessing, using, or transporting paraphernalia related to the cultivation, manufacture, processing, or consumption of marijuana.
- The Arizona Supreme Court has adopted petition forms and instructions for people to use for this purpose. For further information, please visit the link below.
- Petition to Expunge Records (Prop 207 Marijuana)
- ARS § 36-2862
- Where can I locate the Petition to Expunge Records?
- All petitions should be on the Expungement Petition for Municipal/Justice Court approved form and contain complete information.
- Where do I file the Petition to Expunge Records (Prop 207)?
- It is the applicant’s responsibility to ensure the Prosecutor’s office receives a copy of your filing. After the opposing party has had an opportunity to review your motion and respond, the Judge will review and rule.
- Email: [email protected]
- Fax: (480) 312-2764
- Mail/Dropbox: 3700 N. 75th St. Scottsdale, AZ 85251
- How do I complete the Petition to Expunge Records (Prop 207)?
- To complete the petition, you must provide the court with the following information as required by Rule 36, Arizona Rules of Criminal Procedure for each case:
- Your name, address, date of birth, and email address, if you have an email address.
- A description of the offense for which you are seeking expungement as stated on the petition form;
- The name of the law enforcement agency that arrested you for the marijuana-related offense; and
- The court’s case number if your arrest resulted in a criminal complaint being filed with the court.
- If you do not provide enough details about the records you want to have expunged, the court may dismiss your petition. If that occurs, you may file a new petition with additional details about your records. The court cannot order expungement of any arresting agency records if you do not identify the arresting agency.
- Read the Instructions for Seeking Expungement in its entirety before completing the petition. This application is intended to help those who are seeking to expunge criminal records under ARS § 36-2862 and refers solely to the records that exist under the control of the courts, Department of Public Safety, Prosecutor’s Office, and law enforcement agencies.
- Where can I find the information needed to fill out the Petition to Expunge Records (Prop 207)?
- Information needed to fill out the application can be provided by:
- The petitioner's defense attorney or court appointed attorney
- Department of Public Safety (DPS) & (602) 223-2000
- Arizona Judicial Branch’s Public Access to Court Case Information
- Federal Bureau of Investigation
- Some information will be available on the Scottsdale City Court website
- File a records request or obtain a case summary for more detailed information
- How will I be notified of the ruling on my Petition to Expunge Records (Prop 207)?
- The Scottsdale City Court will mail a sealed copy of the order, if granted to the address listed on the petition as soon as it’s processed.