The Grand Canyon state is making significant strides in granting individuals a fresh start by extending its expungement provisions. For countless Arizona residents, these new regulations offer an opportunity to leave behind the shadows of past transgressions and step into a brighter future without the weight of their history.
In mid-2021, Arizona legislators approved two pivotal laws, Arizona Revised Statute (ARS) 36-2862 and ARS 13-911. These laws not only make Arizona comparable with many of its counterparts in the U.S concerning record clearance but also offer immense relief to those bearing the burden of specific past mistakes.
ARS § 36-2862: The Cannabis Relief
From July 12, 2021, ARS 36-2862 offers those with a history of certain marijuana-related offenses the chance to request expungement of these records. The offenses that can be expunged under this statute include:
- Possession, use, or transportation of up to 2.5 ounces of marijuana, with no more than 12.5 grams being marijuana concentrate.
- Cultivation of up to six marijuana plants at one’s dwelling for personal consumption.
- Possession or transportation of items linked to marijuana production or use.
However, it’s essential to remember that this law doesn’t encompass offenses related to the commercial distribution or sale of cannabis. If you believe you qualify, the process involves completing the necessary forms and submitting them to the relevant county courthouse. Depending on the specifics of the case, a court hearing might be convened, following which a decision on the expungement will be made.
ARS § 13-911: Sealing the Past
Senate Bill 1294, which became ARS 13-911, is Arizona’s premier record-sealing statute, approved on July 9, 2021. Effective from January 1, 2023, this law is a beacon of hope for numerous Arizonans. Under ARS 13-911, eligible individuals can petition to:
- Seal records of a conviction upon fulfilling all court-mandated requirements.
- Seal records of charges that were later dropped or ended in acquittal.
- Seal records of arrests where charges were never instituted.
While there are certain exclusions to who can benefit from this law, its primary advantage lies in the absolute discretion it provides. Once a record is sealed, it’s rendered invisible to public scrutiny. These details become inaccessible in most background checks, necessitating a specialized court order to unearth them. Additionally, with a sealed record, individuals can confidently approach job or housing applications without the need to disclose prior arrests or convictions.
In essence, Arizona’s innovative legal adjustments are more than just amendments on paper. They are tangible pathways allowing countless individuals to reclaim their futures, unencumbered by the remnants of their past. If you or someone you know may benefit from these new regulations, it’s recommended to consult with a knowledgeable attorney to navigate the intricacies of these laws.