Clearing the records of those who had small amounts of marijuana is what Arizona voters intended as part of the 2020 decision to legalize the recreational use of the drug, the state Court of Appeals said.
By Howard Fischer Capitol Media Services PHOENIX — The state Court of Appeals has opened the door for people convicted of selling small amounts of marijuana in Arizona to now qualify to have their records expunged.
People are also reading… But what's most notable about the case is that his petition was not opposed by the Maricopa County Attorney's Office which actually prosecuted Sorensen in the first place. In fact, attorneys from that office actually prepared the legal petition to erase the conviction.That is a separate group made up of prosecutors from state, county and local agencies and a representative of the Arizona Supreme Court.But it can file legal briefs in pending cases.
In a plea agreement, Sorensen pleaded guilty to a lesser charge of solicitation to commit possession of marijuana for sale. That also did away with a separate charge of possession of drug paraphernalia. LaBianca, however, refused, saying it was her belief that the expungement language did not apply since the charge was related to having marijuana for sale. And when the county attorney would not defend the judge's ruling, Ortiz came in on behalf of APAAC to argue to the appellate court on her behalf that LaBianca was right.He said the plain language of the 2020 law allows a record to be sealed in any case that involves"possession" of marijuana.
But, until now, there has never been a clear ruling about whether those who had enough marijuana to have been considered possessing it for sale — the amount is in the eyes of police and prosecutors — were also eligible to have their convictions erased.
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