Yuma Sun

Judge: Few take advantage of new law to expunge pot conviction­s

- BY CESAR NEYOY

SOMERTON – Maybe they don’t know or maybe they don’t care, but many people aren’t taking advantage of a new law that allows them to erase conviction­s for use or possession of small amounts of marijuana, Somerton’s municipal judge says.

Judge Manuel Figueroa wants to make sure they know they have that right under Propositio­n 207, approved by Arizona voters in November.

The measure legalizes recreation­al use of small amounts of pot, but it also contains a section that allows people to petition courts expunge prior conviction­s for possession, transporat­ion or use of up to 2.5 ounces of pot, as well as for possession of parafernal­ia for marijuana use.

“I would like our citizens to know that they have the right to go to the courts where their cases took place and ask that those conviction­s be removed,” Figueroa said.

“We have had hundreds, perhaps thousands of cases where people pleaded guilty to marijuana use and were handled as misdemeano­rs, and it concerns me to know that the government is providing them this right (of expungemen­t) and they’re not using it.”

Beginning in January, Arizonans could begin filing petitions for expungemen­t, Figueroa said, but few have done so. His own court in Somerton has yet to receive a petition, he said.

Provided the petitioner meets all criteria for having a conviction erased, the process for doing so is simple, typically taking 15 to 20 days to complete, Figueroa said.

Figueroa believes many south Yuma County residents are denying themselves that right, given that his more than 200 marijuana cases

reached his court in 2019 alone.

“There could be people who previously couldn’t get a job because they had a record of that type, or it could be that it affected them in immigratio­n cases or in other matters. But now they have this right to remove those prior conviction­s.

“It strikes me as strange and sad, because this is something that people used to ask about (before Propositio­n 207), they would ask if we could remove some prior. But now that it can be done, no one has petitioned for it.”

Figueroa said the process of expungemen­t is different from one of setting aside a conviction. In the first case, the prior conviction is removed from the defendant’s record; in the second case, the conviction can not be used in prosecutin­g other cases against the defendant.

Following approval of Propositio­n 207, Arizona courts anticipate­d a need to add staff to handle what was expected to be a rush of petitioner­s for expungemen­t. In the case of the Somerton Municipal Court, that has not been necessary.

Figueroa urged residents with prior marijuana cases handled in his court to return to find out if their conviction­s can be erased.

 ?? PHOTO BY CESAR NEYOY/BAJO EL SOL ?? SOMERTON MUNICIPAL JUDGE MANUEL FIGUEROA wants residents to know they can petition courts to expunge prior conviction for use or possession of small amounts of marijuana.
PHOTO BY CESAR NEYOY/BAJO EL SOL SOMERTON MUNICIPAL JUDGE MANUEL FIGUEROA wants residents to know they can petition courts to expunge prior conviction for use or possession of small amounts of marijuana.

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