Fill - Free fillable Pinal County Destruction Of Records Requests (Clerk of the Superior Court) PDF form

SUPERIOR COURT OF ARIZONA IN PINAL COUNTY,

JUVENILE COURT

Application for Destruction of Records, Setting Aside Adjudications and/or

Restoration of Civil Rights,

Instructional Materials

GENERAL INSTRUCTIONS:

1. Read all materials prior to filing to determine if you meet the statutory requirements for the

request you are making.

2. Complete the affidavit and application form legibly using BLACK INK. It must be NEAT and

READIBLE.

3. Sign the application after completing the form. NOTE: By signing the application, you are

stating that the information is true under penalty of perjury.

4. You must file the original and three (3) copies of the application, affidavit and a

picture identification, with the Clerk of the Court, at 971 North Jason Lopez Circle, Building

A, Florence, Arizona 85132.

o Copies can be purchased from the Clerk of the Court for 50 cents per page.

o Pursuant to A.R.S. §§ 8-348(A), 8-349(B),(D) and 13-912.01(B), the County Attorney

shall be served with a copy of the Application for Destruction of Records and may file an

objection to the destruction of your juvenile records. The Clerk of the Court will serve the

County Attorney.

o The copy will be provided to the Juvenile Court Services for review and

recommendations.

5. Make or purchase a copy of the affidavit and application before filing if you want one for your

records.

Superior Court in Pinal County

June 2015

JVDOR

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STATUTORY REQUIREMENTS

Destruction of Juvenile Records pursuant to A.R.S. § 8-349(B)

Destruction of records means your court records are physically destroyed. You may be able to apply

to have your records destroyed as soon as you turn 18 if your juvenile adjudications were most (not

all) misdemeanors or less serious felonies. For the more serious felony adjudications (and certain

misdemeanors), you will need to wait until you are age 25.

Pursuant to A.R.S. § 8-349(B) (most misdemeanors and less serious felonies): You may apply

for destruction of your juvenile records IF the records concern a referral or citation that did not

result in further action or that resulted in diversion, placement in a community based alternative

program or an adjudication for an offense other than one of the offenses listed below and you can

certify under oath that all of the following facts are true:

1. You are at least 18 years of age; and

2. You have not been convicted of a felony offense (in an adult court); and

3. A criminal charge is not pending against you in an adult court; and

4. You have successfully completed all of the conditions of court-ordered probation, OR you

have received an absolute discharge from the Arizona Department of Juvenile Corrections

pursuant to A.R.S. § 41-2820 on successful completion of an individualized treatment plan;

and

5. All restitution and monetary assessments have been paid in full; and

6. You have not been adjudicated delinquent (in juvenile court) for an offense listed in Title

28 Chapter 4 (DUI) or A.R.S. 13-501 subsection A or B (see below).

ARS §13-501(A)

 13-1105 – First degree murder

 13-1104 – Second degree murder

 13-1406 – Forcible sexual assault

 13-1904 – Armed robbery

 13-1204(A)(1) – Aggravated assault / serious injury

 13-1204(A)(2) – Aggravated assault / deadly weapon

 13-1209 – Drive-by shooting

 13-1211 – Discharging firearm at a structure

 Any felony offense committed by a chronic felony

offender

ARS §13-501(B)

• Any class 1 felony

• Any class 2 felony

• A class 3 felony in violation of any offense in chapters

10-17, 19 or 23 of Title 13 (includes most crimes except theft,

forgery and fraud)

• A class 3, 4, 5 or 6 felony involving the intentional or knowing

infliction of serious physical injury or the discharge, use or

threatening exhibition of a deadly weapon or dangerous

instrument.

• Any felony offense committed by a chronic felony offender

Superior Court in Pinal County

June 2015

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JV DOR

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Destruction of Juvenile Records pursuant to A.R.S. § 8-349(D) (you may not apply until age 25

for serious felonies):

If you are ineligible to apply for the destruction of your juvenile delinquency records under A.R.S. §

8-349(B) (above), you may apply to have your juvenile delinquency records destroyed when you

turn 25 years of age IF you can certify under oath that all of the following facts are true:

1. You are at least 25 years of age; and

2. You have not been convicted of a felony offense (in adult court); and

3. A criminal charge is not pending against you in an adult court; and

4. You have successfully completed all of the conditions of court-ordered probation,

or you have received an absolute discharge from the Arizona Department of Juvenile

Corrections pursuant to A.R.S. § 41-2820 on successful completion of an

individualized treatment plan; and

5. All restitution and monetary assessments have been paid in full.

Setting Aside your Adjudication pursuant to A.R.S. § 8-348:

When your adjudication is set aside, you are released from all penalties and disabilities resulting from

the adjudication except those imposed by the department of motor vehicles (e.g., the loss of your

license). However, the adjudication may be used for any purpose as provided in section 8-207 or 13-501

(for example, it can be used in any criminal or juvenile case).

You may apply to have your juvenile adjudication set aside if all of the following apply:

1. You are at least 18 years of age; and

2. You have not been convicted of any criminal offense in an adult court; and

3. You do not have a criminal charge pending in an adult court; and

4. You have successfully completed all of the conditions of court-ordered probation or the applicant

has received an absolute discharge from the Arizona Department of Juvenile Corrections pursuant to

A.R.S. § 41-2820 on successful completion of an individualized treatment plan; and

5. All restitution and monetary assessments have been paid in full; and

6. The offense you are seeking to set aside is not one of the excluded offenses identified in A.R.S. § 8-

348(D) (see below).

A.R.S. D): You may NOT apply to have the adjudication set aside if the adjudication involved of any

of the following:

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

o An offense involving the use or exhibition of a deadly weapon or dangerous instrument as defined in

§ 13-105.

o An offense in violation of title 13, chapter 14 (sex offense).

o An offense in violation of § 28-1381, 28-1382, 28-1383 or 28-3473 (DUI or suspension of driver’s

license).

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

Superior Court in Pinal County

JVDOR

June 2015

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Restoration of civil right to possess a firearm pursuant to A.R.S. § 13-912.01:

If your adjudication was for a felony offense other than one of the felonies listed below (or

for a misdemeanor between July 17, 1994 and September 21, 2006), you will be eligible

to file for the restoration of the right to possess or carry a gun or firearm two years after

being released from probation (you must wait 2 years after your release from probation).

If you were adjudicated delinquent for burglary in the first or second degree, arson, a

dangerous offense (below), a serious offense (below), you may not apply until you reach

age 30.

A.R.S. § 13-105(13): “Dangerous offense” means an offense involving the discharge,

use or threatening exhibition of a deadly weapon or dangerous instrument or the

intentional or knowing infliction of serious physical injury on another.

A.R.S. .S. § 13-706(F)(1): “Serious offense” means any of the following offenses:

 First or second degree murder, or manslaughter.

 Aggravated assault resulting in serious physical injury or involving the discharge,

use or threatening exhibition of a deadly weapon or dangerous instrument.

 Sexual assault, or Sexual conduct with a minor under fifteen years of age.

 Any dangerous crime against children.

 Arson of an occupied structure.

 Armed robbery.

 Burglary in the first degree.

 Kidnapping.

 Child prostitution

NOTE: If you have lost your privilege to possess or carry a firearm and not eligible for restoration

of civil rights the Court will not approve your request for Destruction of Records

Superior Court in Pinal County

JVDOR

June 2015

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IN THE SUPERIOR COURT OF THE STATE OF ARIZONA

IN AND FOR THE COUNTY OF PINAL

JUVENILE COURT

IN THE MATTER OF:

CASE#

SWID#

(Applicant’s Name)

AFFIDAVIT AND APPLICATION FOR

DESTRUCTION OF DELINQUENCY RECORDS,

and/or SETTING ASIDE ADJUDICATION,

and/or RESTORATION OF CIVIL RIGHTS

(USE BLACK INK; PRINT LEGIBLY)

First Name Middle Name Last Name

Street Address Mailing Address (If different)

City, State, Zip Code City, State, Zip Code

Date of Birth: Phone Number: ( )

Police Agencies to be notified (for Destruction of Records Applicants ONLY)

I apply for the relief indicated below and certify under penalty of law that the following is true (as marked):

Destruction of Records under A.R.S. § 8-349(B):

I request the destruction of juvenile records (including, but not limited to, all juvenile records of the Arizona

Department of Juvenile Corrections, Clerk of the Superior Court, Pinal County Attorney’s Office, and Pinal

County Department of Juvenile Court Services) pursuant to A.R.S. § 8-349(B) and certify under oath that ALL

of the following are true:

•

I am at least 18 years of age; and

•

I have not been convicted of a felony offense (in an adult court) or adjudicated delinquent (in juvenile court) for

an offense listed in A.R.S. 13-501 subsection A or B (First degree murder, second degree murder, forcible

sexual assault, armed robbery, any other violent felony offense, Class 1, 2, or 3 felony or class 3, 4, 5, 6 felony

involving intentional infliction of serious physical injury or the discharge, use or threatening exhibition of a

deadly weapon or dangerous instrument.) or Title 28 Chapter 4 (driving under the influence); and

•

A criminal charge is not pending against me in an adult court; and

•

I have successfully completed all of the conditions of court-ordered probation, OR I have received an absolute

discharge from the Arizona Department of Juvenile Corrections pursuant to A.R.S. § 41-2820 on successful

completion of my individualized treatment plan; and

•

All restitution and monetary assessments have been paid in full, by me and my parents or guardian.

Superior Court in Pinal County

June 2015

JVDOR

Use Current Version

Destruction of Records under A.R.S. § 8-349(D):

I request the destruction of juvenile records (including, but not limited to, all juvenile records of the Arizona

Department of Juvenile Corrections, Clerk of the Superior Court, Pinal County Attorney’s Office, and Pinal

County Department of Juvenile Court Services) pursuant to A.R.S. § 8-349(D) and certify under oath that ALL

of the following are true:

•

I am at least 25 years of age; and

•

I have not been convicted of a felony offense (in adult court); and

•

A criminal charge is not pending against me in an adult court; and

•

I have successfully completed all of the conditions of court-ordered probation, or I have received an absolute

discharge from the Arizona Department of Juvenile Corrections pursuant to A.R.S. § 41-2820 on successful

completion of my individualized treatment plan; and

•

All restitution and monetary assessments have been paid in full, by me and my parents or guardian.

Set Aside the Adjudication under A.R.S. § 8-348:

Pursuant to A.R.S. § 8-348, I request the Court to set aside the adjudication on the petition(s) filed on

and that I be released from all penalties and

disabilities resulting from that adjudication, except those imposed by the Department of Transportation pursuant to

A.R.S. §§ 28-3304, 28-3306, 28-3307, or 28-3308. (involving suspension, revocation of license or order to attend traffic

school).

(Note: You must enter a specific date(s). Requests for the Court to set aside “ALL” adjudications will be denied.)

I Certify that ALL of the following are true:

•

I am at least 18 years of age; and

•

The adjudication did not involve an excluded offense identified in A.R.S. § 8-348 (D);



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



An offense involving the use or exhibition of a deadly weapon or dangerous instrument



An offense in violation of title 13, chapter 14 (sex offense)



An offense in violation of section 28-1381, 28-1382, 28-1383 (involving any Driving under the Influence or 28-

3473 (involving the suspension of your driver’s license)



A civil traffic violation under title 28, chapter 3

•

I have not been convicted of any criminal offense in an adult court; and

•

I do not have a criminal charge pending in an adult court; and

•

I have successfully completed all of the conditions of my court-ordered probation or I have received an absolute

discharge from the Arizona Department of Juvenile Corrections pursuant to A.R.S. § 41-2820 on successful

completion of my individualized treatment plan; and

•

All restitution and monetary assessments have been paid in full, by me and my parents or guardian.

Superior Court in Pinal County

June 2015

JVDOR

Use Current Version

Restoration of Civil Rights under A.R.S. § 13-912.01:

I request the court restore my civil right to carry or possess a gun or firearm pursuant to A.R.S. § 13-

912.01. I certify that the following statement is true (choose only one):

It has been at least two years since I was discharged from probation after being adjudicated delinquent, and I

have not been adjudicated delinquent for a dangerous offense under A.R.S. § 13-704, a serious offense as

defined in A.R.S. § 13-706, burglary in the first degree, burglary in the second degree, or arson.

(see page #2 of the informational sheet for description of excluded offenses)

I have reached age 30.

I am submitting this application on my own behalf.

I am submitting this application on behalf of the person listed above as his/her attorney and his/her written

authorization is attached to this application.

Signing this form is a statement to the Court that the foregoing information is true and correct to the best of your knowledge

and belief and you so certify under the penalty of perjury.

DATED this day of _, 20

Signature

Date

SUBSCRIBED AND SWORN to before me this day of , 20

Commission Expires Notary Public

cc: Clerk of the Superior Court (original)

__Applicant

___County Attorney’s Office-Juvenile Division

__Department of Juvenile Court Services

Superior Court in Pinal County

June 2015

JVDOR

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