Arizona Revised Statutes Title 8. Child Safety § 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 § 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.

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:

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 § 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 §§ 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: