Proposition 207 & Marijuana-Conviction Expungements
What Prescott Residents Need to Know in 2025
1. Why Prop 207 Matters
When Arizona voters approved Proposition 207 (the Smart & Safe Act), they did three big things:
- Legalized adult-use marijuana (age 21+).
- Created sensible possession limits (2.5 oz total / 12.5 g concentrate).
- Added the first true “expungement” statute in state history – A.R.S. § 36-2862.
For anyone in Yavapai County carrying an old marijuana conviction, this law is the one-time opportunity to wipe the slate completely clean.
2. “Set Aside” vs “Expungement” – A Night-and-Day Difference
| Feature | Traditional Set-Aside (A.R.S. § 13-905) | Prop 207 Expungement |
|---|---|---|
| Removes civil disabilities? | ✔ Yes | ✔ Yes |
| Still visible to employers / DPS / landlords? | Yes | No – record is sealed |
| Can prosecutors use it as a prior offense? | ✔ Still usable against you | ✘ Cannot be alleged again |
| You may legally say the arrest/conviction never happened | ✘ No | ✔ Yes |
Bottom line: an expungement is the gold standard; a set-aside is merely a partial fix.
3. Offenses Eligible for Expungement
If the offense occurred on or before November 30, 2020 and the conviction fits any of these categories, you may qualify:
- Possession / Transport / Consumption of ≤ 2.5 oz (≤ 12.5 g concentrate).
- Grow / Cultivate / Process ≤ 6 plants at your primary residence.
- Possession of marijuana paraphernalia for personal use.
Important: Classifications under the former A.R.S. § 13-3405 (possession) or § 13-3408 (paraphernalia) can still qualify – but the exact language in the complaint, plea, or verdict controls eligibility. A detailed record review is essential.
4. The 2025 Expungement Procedure
- Collect Records – sentencing minute entries, plea agreements, police reports.
- Draft & File Petition in the Prescott Justice Court or Yavapai Superior Court (depending on where the case was filed).
- Prosecutor Review (30 days) – County Attorney must show clear & convincing evidence of ineligibility to block your petition.
- Hearing (if necessary) – many cases are granted without a hearing when facts are undisputed.
- Order Granted – Court instructs DPS, YCSO, Prescott PD, and any other agencies to seal all records of arrest, charge, conviction, and sentence.
- Clean Slate – You may truthfully answer “No” to any question about that arrest or conviction.
5. Common Eligibility Pitfalls
- Year of offense vs. date of conviction
- Quantity allegations in the original complaint
- “For sale” or transport-for-sale language (usually not expungeable)
- Multiple counts in a single case (mixed eligible & ineligible charges)
- Prior probation violations that changed the offense class
A careful legal analysis avoids surprises and cures record-keeping errors that might block expungement.
6. Why Hire Ted Law
- Local Prescott presence – we appear weekly in Yavapai Superior & Prescott Justice Courts.
- Decades of felony-level criminal-defense experience.
- We handle all paperwork, coordinate with DPS, and verify every database is cleared.
- Flat-fee expungement packages – no hidden costs.
7. Free Record-Check & Consultation
- Phone: (928) 776-1782 (24/7)
- Email: paralegal@tedlaw.net
- Office: 140 N Montezuma St, Prescott, AZ 86301
Take the next step: One call can erase an old marijuana conviction and open doors to housing, employment, and professional licensing.
Disclaimer: This article is educational only and not legal advice. Eligibility turns on the unique facts of each case. Consult counsel to evaluate your record.