Scottsdale Marijuana Expungement Attorney
Marijuana is legal for medical and recreational use in Arizona, and some people who have criminal records due to marijuana offenses may be eligible to have those records expunged. If you have a previous arrest, charge, conviction, or acquittal, and you want to have it expunged, contact a trusted Scottsdale marijuana expungement lawyer. The Law Office of Joshua A. Lopez, LLC can evaluate whether you are eligible and explain how the new laws impact you and your specific circumstances.
Our law firm has experience in handling similar cases in and around Scottsdale, so we know how to maximize your chances at a successful outcome. Our priority is to guide clients through the process, manage the complexities of the legal system, and make sure all proper procedures and deadlines are met.
Marijuana Expungement
Call The Law Office of Joshua A. Lopez, LLC today at (844) 707-9356 for your Free Consultation!
What You Need to Know About Expungement
Expungement is a legal term for removing information about a criminal arrest or conviction from public records. When a record is expunged, it gives the person a fresh start by taking away the stigma of a previous criminal record. An expungement prevents records from showing up on criminal background checks run by employers, landlords, bank officers, or others.
To have a record expunged, the person has to meet certain criteria, such as completing their sentence, including jail time, fees, probation, and any other penalties. It normally requires filing official paperwork with the court. Critically, this process only applies to people who were not convicted of violent offenses or some driving offenses, like road rage.
Arizona Marijuana Laws
Marijuana use is legal in Arizona, but there are some restrictions on its use. A person 21 years old or older can possess 28 grams of marijuana or less, give that amount to another person 21 years old or older, have up to six plants in their home, and possess paraphernalia for marijuana use. In addition, people with certain medical conditions can have 2.5 times the normally permitted amount of marijuana. Some examples of medical conditions that qualify for medical usage are:
- Cancer
- HIV/AIDS
- Glaucoma
- Chronic pain
- Seizures
- Severe nausea
- Muscle spasms
Edibles, extracts, capsules, and concentrates are also allowed. However, it is not legal to smoke marijuana in public places. There are also additional taxes on marijuana and marijuana products for recreational use, and dispensaries and other sellers have to be licensed and registered by the state.
Penalties for Marijuana Possession in Scottsdale, AZ
Even though marijuana is legal, its regulation means possession or use can still lead to criminal charges in some cases, as with alcohol. In some cases, a person may face misdemeanor or felony criminal charges that can result in harsh penalties if convicted.
- If a person is under 21 years old, they can face up to a Class 1 misdemeanor for repeated possession offenses.
- Use in public or possession of between one and 2.5 ounces is punishable with a fine.
- Possession of more than 2.5 ounces is a felony and sentences can be up to a few years in prison and a fine.
- Selling without a license can also be a felony and result in several years in prison and a fine
- Having more than six plants can lead to felony charges, up to several years in prison, and a fine
Proposition 207 Expungement
Under Proposition 207, the law that legalized the recreational use of marijuana for adults, some people can petition the court to seal criminal records related to certain marijuana offenses, including:
- Possession of less than 2.5 oz of marijuana or 12.5 g of marijuana concentrate
- Possession of six or less marijuana plants for personal use at home
- Possession of marijuana paraphernalia
A Scottsdale Marijuana Expungement Lawyer Can Help
If you have a marijuana-related criminal record that might be eligible for expungement, the first step is to talk to a qualified criminal attorney. Your Marijuana Expungement attorney in Scottsdale, AZ can evaluate the details of your case, explain how the new laws apply to your situation, and determine whether you qualify to have your record expunged. Then, they can handle all the paperwork to make sure no detail is missed.
FAQs
A: There is no court cost to get your record expunged in Arizona if you file the motion yourself. However, it is easy to make a mistake on the petition paperwork, and working with a lawyer can make sure everything is prepared properly. Lawyers do charge a fee for this, but the cost varies, depending on the lawyer’s experience and how complicated your case is.
A: Arizona does not automatically expunge marijuana charges. You may be eligible to have previous marijuana charges expunged if you meet the eligibility criteria, but a motion has to be filed with the court to petition for the expungement. A knowledgeable criminal attorney can examine your case and tell you if you are eligible.
A: In Arizona, some serious criminal offenses cannot be expunged, including violent crimes like murder or assault with deadly weapons. There is also a difference between expungement and the other two methods of reducing a criminal record’s impact:
- Expungement removes the person’s criminal record.
- Setting aside a record adds a note that says the judgment was set aside but still allows the record to be accessed.
- Sealing a record hides it from the public but not from police and prosecutors.
A: The new law for expungement in Arizona is ARS 13-911, which allows some people to have their criminal record sealed if they meet certain criteria. This makes it easier to get jobs, housing, and loans, but some government agencies can still access the record. In addition, not everyone with a criminal record is eligible. A skilled criminal lawyer can determine if you meet the criteria.
Call The Law Office of Joshua A. Lopez, LLC today at (844) 609-0216 for your Free Consultation with a Phoenix Marijuana Expungement Lawyer!
Contact The Law Office of Joshua A. Lopez, LLC
Hiring a qualified Scottsdale Marijuana Expungement Lawyer is a smart decision that can impact your future ability to find employment, a new home, or other benefits. Your lawyer can make the strongest case to have your criminal record removed and make sure your rights are protected. If you are considering expungement, contact The Law Office of Joshua A. Lopez, LLC to set up a consultation and discuss your case.