The Arizona Court of Appeals vacated and remanded a lower court’s denial of the state’s petition to expunge all records relating to a defendant’s conviction, concluding sale-related marijuana offenses were eligible for expungement under a law passed in 2020.

Arizona Court of Appeals Judge Brian Y. Furuya considered whether Arizona Revised Statutes (A.R.S.) Section 36-2862 (A)(1), passed by voters in November 2020, permitted expungement when the individual committed an offense of possession of marijuana for sale, ultimately vacating the superior court’s denial of the state’s petition to expunge all records relating to a defendant’s conviction and remanded it with instructions to grant the expungement petition.