Often, juvenile offenders will be eligible to have their records expunged or set aside after certain requirements have been met. Until their record is set aside or expunged, your child will have their conviction listed. Expungement, or destroying the record, will allow your child to legally say they have never been convicted of the offense. In the eyes of the law, it is as if the crime never occurred. When a conviction is set aside, it means that your child has met the required penalties, and the offense will be marked as having the charges dismissed.
If your record involves a referral or citation which placed your child in a community-based alternative program, resulted in no further action, or resulted in the adjudication of delinquency for the offense, your child may be eligible to have their record expunged. The requirements to have your child’s records expunged are:
- Your child must be 18 years old
- Your child was not convicted of an adult felony
- There are no current adult criminal charges pending against your child
- Your child was not adjudicated for a DUI or other serious offense listed in Arizona Statutes § 13-501(A) or (B)
- Your child has completed all terms of their sentence and probation
- Your child has paid all required restitution
If your child’s record is not eligible for expungement under the above terms, they may be eligible for expungement when they turn 25, provided that they have not been convicted of an adult felony, have no criminal charges pending against them, have completed the terms of their sentence, and have paid the required restitution.
Some records are not eligible for expungement, but your child may file for the charges to be set aside. This means that the charges will be listed as dismissed on your child’s record, but will remain on their record. Your child may request that their verdict be set aside if:
- Your child has not been convicted of an adult felony
- There are no criminal charges pending against your adult child
- Your child has completed the terms of their sentence and probation
- Your child has paid the required restitution.
What Offenses Cannot Be Removed?
Not all offenses can be removed or set aside from your child’s record. The following charges cannot be removed:
- Sex offenses
- Underage DUI
- Driving with a suspended driver’s license
- Traffic violations
- Offenses involving serious physical injury
- Offenses involving the use or exhibition of a deadly weapon or dangerous instrument
How to File For Expungement
Your child must file their application for expungement with the superior court in the county that their case was handled in. Having records destroyed can be a complicated process. If you need help determining if your child’s record can be expunged or if you need help filing out the paperwork, contact an experienced criminal defense attorney.
The Phoenix criminal defense lawyers at the Suzuki Law Offices are familiar with the process of handling juvenile records. We offer decades of experience to our clients, and are available 24/7 to answer your questions. Contact the Suzuki Law Offices today to schedule a free case evaluation.