marijuana convictions; misdemeanors; fines; assessments

HB2801 - 572R - I Ver

REFERENCE TITLE:
marijuana convictions; misdemeanors; fines; assessments

State of Arizona

House of Representatives

Fifty-seventh Legislature

Second Regular Session

2026

HB 2801

Introduced by

Representative
Volk

AN
ACT

Amending section 36-2862, Arizona
Revised Statutes; relating to adult use of marijuana.

(TEXT OF BILL BEGINS ON NEXT PAGE)

Be it enacted by the Legislature of the State of Arizona:

Section 1. Subject to the requirements of
article IV, part 1, section 1, Constitution of Arizona, section 36-2862,
Arizona Revised Statutes, is amended to read:

START_STATUTE
36-2862.

Expungement; petition; appeal; dismissal of complaints; rules

A.
Beginning July 12, 2021,
An
individual who was arrested for, charged with, adjudicated or convicted by
trial or plea of, or sentenced for, any of the following offenses based on or
arising out of conduct occurring before
the effective date of
this section

November 30, 2020
may petition the
court to have the record of that arrest, charge, adjudication, conviction or
sentence expunged:

1. 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.

2. Possessing, transporting, cultivating or
processing not more than six marijuana plants at the individual's primary
residence for personal use.

3. Possessing, using or transporting paraphernalia
relating to the cultivation, manufacture, processing or consumption of
marijuana.

B. If the court receives a petition for expungement
pursuant to this section:

1. The court shall notify the prosecuting agency of
the filing of the petition
,
and allow the
prosecuting agency to respond to the petition within thirty days.

2. The court may hold a hearing:

(a) On the request of either the petitioner or the
prosecuting agency.

(b) If the court concludes there are genuine
disputes of fact regarding whether the petition should be granted.

3. The court shall grant the petition unless the
prosecuting agency establishes by clear and convincing evidence that the
petitioner is not eligible for expungement.

4. The court shall issue a signed order or minute
entry granting or denying the petition in which it makes findings of fact and
conclusions of law.

C. If the court grants a petition for expungement:

1. The signed order or minute entry required
pursuant to subsection B, paragraph 4 of this section shall do all of the
following:

(a) If the petitioner was adjudicated or convicted
of an offense set forth in subsection A of this section, vacate the judgment of
adjudication or conviction.

(b) State that it expunges any record of the
petitioner's arrest, charge, conviction, adjudication and sentence.

(c) If the petitioner was convicted or adjudicated
of an offense set forth in subsection A of this section, state that the
petitioner's civil rights, including the right to possess firearms, are
restored, unless the petitioner is otherwise not eligible for the restoration
of civil rights on grounds other than a conviction for an offense set forth in
subsection A of this section.

(d)� Require the clerk of the court to notify the department of
public safety, the prosecuting agency and the arresting law enforcement agency,
if applicable, of the expungement order.

(e) Require the clerk of the court to seal all
records relating to the expunged arrest, charge, adjudication, conviction or
sentence and allow the records to be accessed only by the individual whose
record was expunged or the individual's attorney.

2. The department of public safety shall seal and
separate the expunged record from its records and inform all appropriate state
and federal law enforcement agencies of the expungement. Unless the petitioner
is indigent, the department of public safety may charge the successful
petitioner a reasonable fee determined by the director of the department of
public safety to research and correct the petitioner's criminal history record.

3. The arresting and prosecuting agencies shall
clearly identify in each agency's files and electronic records that the
petitioner's arrest, charge, conviction, adjudication and sentence are expunged
and shall not make any records of the expunged arrest, charge, conviction,
adjudication or sentence available as a public record to any person except to
the individual whose record was expunged or that individual's attorney.

D. An arrest, charge, adjudication, conviction or
sentence that is expunged pursuant to this section may not be used in a
subsequent prosecution by a prosecuting agency or court for any purpose.

E. An individual whose record of arrest, charge,
adjudication, conviction or sentence is expunged pursuant to this section may
state that the individual has never been arrested for, charged with,
adjudicated or convicted of, or sentenced for the crime that is the subject of
the expungement.

F. If the court denies a petition for expungement,
the petitioner may file a direct appeal pursuant to section 13-4033, subsection
A, paragraph 3.

G. On motion, the court shall dismiss with prejudice
any pending complaint, information or indictment based on any offense set forth
in subsection A of this section, to include charges or allegations based on or
arising out of conduct occurring before
the effective date of
this chapter
November 30, 2020
.� The individual
charged may thereafter petition the court to expunge records of the arrest and
charge or allegation as provided in this section.� A motion brought pursuant to
this subsection may be filed with the court before July 12, 2021.

H. The supreme court may adopt rules necessary to
implement this section
,
and may
also

sponsor public service announcements or other notifications intended to provide
notice to individuals who may be eligible to file petitions for expungement
pursuant to this section.

I. A prosecuting agency may file a petition for
expungement pursuant to this section on behalf of any individual who was
prosecuted by that prosecuting agency, and the attorney general may file a
petition for expungement pursuant to this section on behalf of any individual.

J. For a person who is eligible to
petition the court for expungement pursuant to this SECTION, the court, on its
own motion, may vacate any unsatisfied fine, ASSESSMENT, sentencing requirement
or term of probation associated with an adjudication or conviction of any
offense specified in subsection A of this section.
END_STATUTE

Sec. 2.
Requirements for
enactment; three-fourths vote

Pursuant to article IV, part 1,
section 1, Constitution of Arizona, section 36-2862, Arizona Revised Statutes,
as amended by this act, is effective only on the affirmative vote of at least
three-fourths of the members of each house of the legislature.