Arizona § 8-349 - Destruction of juvenile records; electronic research records; definition

§ 8-349. Destruction of juvenile records; electronic research records; definition

A. A person who is at least eighteen years of age and who has been adjudicated delinquent or incorrigible may apply for destruction of the person's juvenile court and department of juvenile corrections records if the records involve an adjudication for an offense other than an offense listed in section 13-501, subsection A or B or title 28, chapter 4.

B. The person shall attest to all of the following in the application:

1. The person is at least eighteen years of age.

2. The person has not been convicted of a felony offense or adjudicated delinquent for an offense that would be an offense listed in section 13-501, subsection A or B or title 28, chapter 4.

3. A criminal charge is not pending.

4. The person has completed all of the terms and conditions of court-ordered probation or been discharged from the department of juvenile corrections pursuant to section 41-2820 on successful completion of the individual treatment plan.

5. All restitution is paid in full.

6. The person is not under the jurisdiction of the juvenile court or the department of juvenile corrections.

7. The person is not currently required to register pursuant to section 13-3821.

8. The person has either paid all fines in full or has requested the court to modify the outstanding fines pursuant to subsection K of this section.

C. The juvenile court may order the destruction of records under subsection A of this section if the court finds all of the following:

1. The person is at least eighteen years of age.

2. The person has not been convicted of a felony offense.

3. A criminal charge is not pending.

4. The person was not adjudicated for an offense listed in section 13-501, subsection A or B or title 28, chapter 4.

5. The person successfully completed the terms and conditions of probation or was discharged from the department of juvenile corrections pursuant to section 41-2820 on successful completion of the individual treatment plan.

6. All restitution is paid in full.

7. All fines are either paid in full or have been modified pursuant to subsection K of this section.

8. The person is not under the jurisdiction of the juvenile court or the department of juvenile corrections.

9. The person is not currently required to register pursuant to section 13-3821.

D. A person who is not eligible to have the person's records destroyed pursuant to subsection A of this section may apply to have the person's juvenile court and department of juvenile corrections records destroyed pursuant to subsection E of this section. The person shall attest to all of the following in an application:

1. The person is at least twenty-five years of age.

2. The person has not been convicted of a felony offense.

3. A criminal charge is not pending.

4. All restitution is paid in full.

5. The person has either paid all fines in full or has requested the court to modify the outstanding fines pursuant to subsection K of this section.

6. The person is not currently required to register pursuant to section 13-3821.

E. The juvenile court may order the destruction of records if the court finds that all of the following apply to a person who files an application pursuant to subsection D of this section:

1. The person is at least twenty-five years of age.

2. The person has not been convicted of a felony offense.

3. A criminal charge is not pending.

4. All restitution is paid in full.

5. All fines are either paid in full or have been modified pursuant to subsection K of this section.

6. The person is not currently required to register pursuant to section 13-3821.

7. The destruction of the records would further the rehabilitative process of the applicant.

F. The juvenile court and the department of juvenile corrections may store any records for research purposes.

G. At the juvenile's disposition hearing, the court shall inform the juvenile, in writing, of the right to the destruction of the juvenile's court and department of juvenile corrections records.

H. The clerk of the court may not charge a filing fee for the application to destroy juvenile records.

I. The clerk of the court shall transmit a copy of an application submitted pursuant to this section to the county attorney in the county in which the referral was made.

J. The county attorney may file an objection to an application that is submitted pursuant to this section for the destruction of records.

K. On a showing of good cause, the court may modify any fine imposed by the court except for victim restitution.

L. The juvenile court may not consider outstanding fees, assessments and surcharges when determining whether to destroy the juvenile's court and department of juvenile corrections records.

M. The juvenile court, the clerk of the superior court and the juvenile probation department, either on order of the juvenile court after the person files an application with the court or on notification by the probation department, shall destroy the records that concern a referral or citation that did not result in an adjudication. Records that are eligible for destruction pursuant to this subsection shall be destroyed within ninety days after the person who was the subject of the referral or citation reaches eighteen years of age or when destruction is ordered by the court. The probation department shall send a copy of the notice to the department of public safety central state repository.

N. Within six months after receiving a notification from the superior court that a person's juvenile delinquency or incorrigibility records were destroyed, the department of child safety shall destroy all court, juvenile probation and department of juvenile corrections records that are in the department of child safety's possession and that were produced in the delinquency or incorrigibility matter.

O. The clerk of the court shall notify the department of public safety if a person's record is destroyed pursuant to this section.

P. For the purposes of this section, "successfully" means, in the discretion of the court, the person satisfied the conditions of probation.