Last month, an Arizona court of appeals reversed a lower court’s decision not to expunge a marijuana conviction from a defendant’s record. The defendant had asked for the conviction to be stricken from his record, but the trial court originally denied the defendant’s request. Looking more closely at the case, however, the court of appeals reversed this decision and directed the lower court to remove the conviction from the defendant’s record.
Facts of the Case
In 2013, the defendant in this case and one of his acquaintances were driving one night when a police officer stopped them and began questioning them about where they were headed. Upon further investigation, the officer discovered marijuana in the car, and he learned that the defendant was going to California to buy more marijuana. The officer arrested both the defendant and his acquaintance.
The defendant was charged and convicted of conspiracy to transport marijuana for sale, and he finished the terms of his parole in 2018. In 2022, the defendant filed a petition to expunge, or remove, the conviction from his record. The trial court denied that petition and the defendant promptly appealed.