Arizona Laws 8-348. Setting aside adjudication; application; release from disabilities; exceptions
A. Except as provided in subsection I of this section, a person who is at least eighteen years of age, who has been adjudicated delinquent or incorrigible and who has fulfilled the conditions of probation or who is discharged from the department of juvenile corrections pursuant to section 41-2820 on successful completion of the individual treatment plan may apply to the juvenile court to set aside the adjudication. The court shall inform the person of this right in writing at the time of the disposition of the case.
Terms Used In Arizona Laws 8-348
- Department: means the department of child safety. See Arizona Laws 8-201
- Juvenile court: means the juvenile division of the superior court when exercising its jurisdiction over children in any proceeding relating to delinquency, dependency or incorrigibility. See Arizona Laws 8-201
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- Petition: means a written statement of the essential facts that allege delinquency, incorrigibility or dependency. See Arizona Laws 8-201
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Referral: means a report that is submitted to the juvenile court and that alleges that a child is dependent or incorrigible or that a juvenile has committed a delinquent or criminal act. See Arizona Laws 8-201
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Writing: includes printing. See Arizona Laws 1-215
B. The person or the person’s attorney, probation officer or parole officer may apply to set aside the adjudication. The clerk of the court may not charge a filing fee for an application to set aside an adjudication. The clerk shall transmit a copy of the application to the county attorney in the county where the referral was made.
C. The court may consider the following factors when determining whether to set aside an adjudication:
1. The nature and circumstances of the offense on which the adjudication is based.
2. Whether the person has been convicted of a felony offense.
3. Whether the person has any pending criminal charges.
4. The victim’s input.
5. Any other factor that is relevant to the application.
D. Except as provided in subsection F of this section, if the court grants the application, the court shall set aside the adjudication, dismiss the petition 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 section 28-3304, 28-3306, 28-3307, 28-3308 or 28-3319.
E. On a showing of good cause, the court may modify any monetary obligation that is imposed by the court except for victim restitution.
F. If the court grants an application, any remaining unpaid victim restitution continues to be owed and is subject to the remedies included in sections 8-344 and 8-345 until the victim restitution is paid.
G. If the court denies an application, the court shall state its reasons for the denial in writing.
H. If a victim has made a request for postadjudication notice, the victim has the right to be present and heard at any hearing on the application. The state shall provide the victim with notice of the application and of the rights provided to the victim in this section.
I. This section does not apply to a person who was adjudicated delinquent for any of the following:
1. A dangerous offense as defined in section 13-105.
2. An offense for which there has been a finding of sexual motivation pursuant to section 13-118.
3. An offense in violation of Title 13, Chapter 14.
4. An offense in violation of section 28-1381, 28-1382 or 28-1383 if the offense can be alleged as a prior violation pursuant to Title 28, Chapter 4.
5. An offense for which the person has not paid in full the victim restitution ordered by the court.