Overview Description

A record relating to an adjudication of delinquency can be set aside after a petition is filed, so long as the person successfully has completed all the requirements set by the court and is not subject to a disqualifying event. Ariz. Rev. Stat. § 8-348.

Ineligible Category or Citation

A person is not eligible to have his or her record destroyed under this section if he or she has: (a) been convicted of a felony offense; (b) a pending criminal charge; (c) not successfully completed all of the terms and conditions of probation or been discharged from the Department of Juvenile Corrections without successful completion of the individualized treatment plan; (d) not paid all restitution and monetary assessments in the matter; or (e) been adjudicated for any offenses listed in section 8-348(D). Ariz. Rev. Stat. §§ 8-348(C), (D).

Procedure General

A petition must be filed with the juvenile court. For the specific procedure, see Ariz. Rev. Stat. § 8-348(A).

Fees

There is no statutory language regarding fees.

Effect

The court shall set aside the adjudication and order that the person be released from all penalties and disabilities resulting from the adjudication except those imposed by the Department of Transportation pursuant to sections 28-3304, 28-3306, 28-3307 or 28-3308. Ariz. Rev. Stat. § 8-348.

Waiting Periods

A petition can be filed if the person is at least 25 years old.

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