Populous Arizona County is requesting that records of cannabis arrests be deleted

Arizona is on track to move in a positive direction and right the wrongs of the War on Drugs. Records of cannabis-related arrests can do lasting damage — thwarting employment opportunities, housing, or even student loan programs.

On March 7th of this year, the Maricopa County Attorney’s Office (MCAO) issued a press release announcing an expansion of efforts to support the local community by deleting records of cannabis arrests, as well as a milestone for the region.

As of that date, MCAO had filed over 10,000 petitions to delete admissible closed cannabis-related cases. The majority – over 7,000 of those petitions – were filed in cases handled by the bureau since 2016. MCAO officials mentioned that they limited filings to about 500 a week to avoid overloading the court system.

This is most likely in response to the slow start of the erasure program over the past year, but the MCAO is confident that the process is refined and well underway and that they will be able to make significant progress.

Individuals in Arizona with certain cannabis-related convictions on their records were entitled to have their criminal records expunged or erased. Provisions are available under Proposition 207 or the Arizona Safe and Smart Act. The process started a few months ago.

From the day the new law went into effect, the MCAO began proactively filing petitions to overturn the convictions of eligible individuals who had previously been charged. These petitions included people convicted of specific cannabis-related offenses and people charged with a cannabis-related offense who had successfully completed a diversionary program but still had an arrest and release on their criminal records.

“I believe that the will of the voters should be implemented as efficiently as possible,” said Allister Adel, Maricopa County Attorney. “My office is working diligently to continue identifying these cases and assisting individuals who have the right under this voter-approved law to have their records erased.”

The MCAO cited “resource constraints” forcing them to prioritize the latest cases.

In addition to proactively requesting deletion, MCAO has also created a public website where individuals can ask prosecutors to review their case. If they are eligible, an MCAO representative can petition to have their convictions vacated.

KTAR reports that individuals arrested, charged, convicted or acquitted of certain cannabis-related offenses could petition the Superior Court online to have their records erased. There are no fees for submitting the application.

According to the law, requests for erasure are limited to three crimes:

• Possessing, consuming, or transporting 2.5 ounces or less of cannabis – with no more than 12.5 grams in concentrate form.
• Possessing, transporting, growing or processing no more than six cannabis plants at the applicant’s primary residence for personal use.
• Possession, use or transportation of any paraphernalia “related to the cultivation, manufacture, processing or consumption of cannabis”.

If the court grants a request for erasure, the case files and law enforcement records related to the indictment will be sealed and not available to the public.

The MCAO provides the following numbers to highlight the updates:

• As of July 12, 2021, MCAO has filed 10,607 deletion requests in closed cases, including 1,094 requests generated from 1,340 requests initiated through the public website.
• The office has also responded to approximately 1,186 petitions submitted by individuals either themselves or through an attorney.

Immediately following confirmation of the election, the Maricopa County Attorney’s Office filed motions to dismiss pending cases in Maricopa County affected by the new law.

The MCAO proactively sought the dismissal or dismissal of over 5,000 charges related to the use, transportation or cultivation of adult-use cannabis.