Arizona Revised Statute 8-348

Verified 3/3/2014

ARS 8-348 Juvenile Set Aside Summary

Arizona Revised Statute 8-348 is the section of the AZ law that allows the court to set aside a juvenile adjudication. If the court sets aside your adjudication, you are released from all penalties and disabilities that resulted from your case, except those imposed by the Dept. of Transportation. To be eligible you must be over 18, have no criminal convictions, have completed your sentence and have no pending charges. Certain offenses, such as those involving serious bodily injury or a deadly weapon, are not eligible to be set aside.

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Full Arizona Revised Statute 8-348

§ 8-348. Setting aside adjudication; application; release from disabilities; exceptions

A. Except as provided in subsections C and D 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 and discharge ordered by the court or who is discharged from the department of juvenile corrections pursuant to § 41-2820 on successful completion of the individual treatment plan may apply to the juvenile court to set aside the adjudication. The court or the department of juvenile corrections shall inform the person of this right at the time the person is discharged. The person or, if authorized in writing, the person's attorney, probation officer or parole officer may apply to set aside the adjudication. A copy of the application shall be served on the prosecutor.

B. If the court grants the application, the court shall set aside the adjudication and shall 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 § 28-3304, 28-3306, 28-3307 or 28-3308. Regardless of whether the court sets aside the adjudication, the adjudication may be used for any purpose as provided in § 8-207 or 13-501 and the department of transportation may use the adjudication for the purposes of enforcing the provisions of § 28-3304, 28-3306, 28-3307 or 28-3308 as if the adjudication had not been set aside.

C. A person may not apply to set aside the adjudication if the person either:

  1. Has been convicted of a criminal offense.

  2. Has a criminal charge pending.

  3. Has not successfully completed all of the terms and conditions of probation or been discharged from the department of juvenile corrections pursuant to § 41-2820 on successful completion of the individual treatment plan.

  4. Has not paid in full all restitution and monetary assessments.

D. This section does not apply to a person who was adjudicated delinquent for any of the following:

  1. An offense involving the infliction of serious physical injury as defined in § 13-105.

  2. An offense involving the use or exhibition of a deadly weapon or dangerous instrument as defined in § 13-105.

  3. An offense in violation of title 13, chapter 14.

  4. An offense in violation of § 28-1381, 28-1382, 28-1383 or 28-3473.

  5. A civil traffic violation under title 28, chapter 3.

Effective: January 1, 2009