Juvenile Adjudication and Set Aside


 
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  ELIGIBILITY
Must be at least 18 years of age, fulfilled conditions of probation and discharge ordered by the court, or discharged from the department of juvenile corrections and successfully completed the individual treatment plan.

*Unless adjudicated delinquent for a dangerous offense as defined in section 13-105; an offense for which there has been a finding of sexual motivation pursuant to section 13-118; an offense in violation of title 13, chapter 14; 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; or an offense for which the person has not paid in full the victim restitution ordered by the court.
AT DISPOSITION
The court informs the person of the right to apply to the juvenile court to set aside the adjudication. 
 
APPLICATION
The person, the person's attorney, probation officer or parole officer may apply to set aside the adjudication. The Clerk of Court will not charge a filing fee for this application. The Clerk of Court will transmit a copy to the County Attorney. If there is a victim and the victim has made a request for post adjudication notice, the victim has the right to be present and heard at any hearing on the application. The State will provide the victim with notice of the application.
COURT FACTORS

The court may consider the following factors when determining whether to set aside an adjudication:

  1. 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.
  
  IF COURT GRANTS 

The court will set aside the adjudication, dismiss the petition and order the person be released from all penalties and disabilities, except those imposed by the department of transportation. Any remaining unpaid monetary obligation continues to be owed until paid. On a showing of good cause the court may modify any monetary obligation that is owed by the person except for victim restitution. 
IF COURT DENIES 
If the court denies an application, the court will state its reasons for the denial in writing.
   

 

 


Arizona Supreme Court
2019 copyright