Young people often make mistakes as they push the boundaries of their parents, schools, and even state laws. Unfortunately, when those mistakes become criminal convictions, they can result in a juvenile record. This can create problems for children as they face their futures, as a criminal record – even if it is a juvenile record – could still cause issues with finding employment or housing.
That’s the prospect that has many juvenile offenders and their parents wondering:
“Can a juvenile record be expunged in Arizona?”
The answer is yes; expungement is possible for a juvenile in Arizona if the case meets the necessary requirements.
If you wish to protect your child’s future, expunging or sealing their record can be a valid way to help them start over with a clean slate.
Expungement in Arizona
Expungement refers to the process of clearing a person’s criminal record of a particular charge or charges so that it is as if the criminal offense never happened. This legal process gives the individual the right to state that they were not convicted of that crime if asked, for example, for an interview or for housing purposes. An expungement also indicates to authoritative bodies that any penalties were fulfilled.
Criminal records can also be set aside, which literally means the conviction and the charge will still be on the person’s record and labeled as “set aside.” While the conviction will be visible on background checks, its “set aside” label can give the individual the opportunity to retain certain civil liberties that were lost to them before, such as the ability to vote. It also means that all terms of the penalties and probation were met. This may be the only legal option for adults with a criminal record.
Fortunately, sealing juvenile records is typically simpler than expunging or setting aside adult records.
Sealing juvenile records in Arizona is similar to expungement in the sense that it involves rendering the records unable to be viewed by the public, including potential landlords or employers. The record will still be viewable by the courts and law enforcement authorities.
Juvenile Eligibility for Expungement in Arizona
Arizona has set forth multiple qualifications for expungement.
The minor must meet the qualifications as stated in the Arizona Penal Code 8-349, which includes the following terms:
- The individual must be at least 18 years old
- There was no adult felony conviction
- They cannot have any adult criminal charges currently pending
- They are not registered as a sex offender
- They have paid all restitution that was required
- All terms concerning their sentence and probation have been fulfilled
If the minor is not currently eligible to have their record expunged, it is still possible for them to have it expunged once they turn 25, as long as there is no forthcoming conviction of an adult felony, they have no criminal charges against them, they have finished all terms related to their sentence, and they have paid all restitution.
Offenses That Do Not Qualify for Expungement
Certain offenses may not qualify for expungement.
These offenses involve:
- Serious injuries
- Sexual crimes
- Improper handling of a deadly weapon or dangerous object
- Driving with a license that was suspended
- DUI
How a Juvenile Record Can Impact Opportunities
There are many potential long-term effects of a juvenile record. Consider that your or your child’s records could impact the following aspects of adult life:
College Admissions
Most college applications have a question – or even an entire section – that asks about criminal history. A history of juvenile offenses, even if they were minor offenses, can hurt an individual’s chances of acceptance or result in the loss of scholarships and other opportunities. This is especially true if the individual is not completely honest about the circumstances of their juvenile record. In certain situations, if the offense was serious, a juvenile record could result in the automatic rejection of an application.
Employment Prospects
Job applications typically ask about criminal records, and many employers request background checks on potential employees. A juvenile record will appear on a background check, potentially hindering the individual’s chances of winning a position. Unfortunately, many employers do not like to hire those with a criminal history, even if the person was a juvenile at the time of the offense. In addition, those with a juvenile record will likely not be considered for positions that need security clearances.
Housing Applications
Much like college and job applications, housing applications also ask about criminal records, and most require the individual to undergo a background check. A landlord who sees a criminal record, even if it is a juvenile record, could very well reject an application because of past criminal behavior.
Professional Licensing
A juvenile record can affect an individual’s ability to earn certain professional licenses if the offense committed is somehow related to the profession. In some cases, offenses involving gross moral turpitude – severely immoral conduct – can cause difficulty obtaining a professional license. In cases where the individual’s conduct is extremely immoral or closely related to the profession in question, even if the juvenile record was sealed or expunged, the licensing board may still view the record for the purpose of determining whether to grant licensure.
Future Criminal Penalties
A juvenile record could also impact the outcome of future criminal charges. A prosecutor could use a juvenile record against an individual while in court or during the plea deal negotiation process. Even if these prior crimes were committed before the individual turned 18, it could affect the prosecutor’s inclination to approve a plea bargain with the defense.
Additionally, a juvenile record can affect the judge’s choice to release a defendant on their own recognizance before a trial. Any juvenile offenses could be brought to the attention of the prosecution during the bail hearing, which could impact the judge’s choice to post bail. Past juvenile offenses could also affect the amount of bail set.
Previous juvenile convictions can also affect any new criminal cases as they can result in more severe penalties. While first-time offenders often receive less severe consequences, those with a criminal history of juvenile offenses may receive harsher consequences.
Social Stigma
Unfortunately, a juvenile record can create a stigma that can follow a child well into adulthood, impacting many factors in their life. Not only can it impact educational, job, or housing opportunities, but it can also make it difficult for an individual to maintain a positive reputation among their peers. Adults and authority figures may also view juvenile offenders as delinquents who will continue to cause trouble, even when the child has matured and changed their behavior. This can create a deep sense of shame and guilt, lasting well into the future if not properly handled.
Benefits of Expungement
There are several benefits of juvenile record expungement that can help the individual involved have a better future.
Better Employment Prospects
Sealing a juvenile record can mean a better chance of getting a good job. As many employers run background checks on prospective employees, harmful items on a criminal record can cause bosses and hiring managers to move on to prospects without a record. Expungement can also help to improve employment opportunities by making professional licensure possible.
Additional Educational Opportunities
Another benefit of having a record expunged is that a clean record can provide better educational opportunities. A clean record improves an individual’s eligibility for financial assistance, specific government benefits, or educational programs. Clean records are also more attractive to college admissions decision-makers.
Emotional Benefits
Clearing juvenile records in Arizona offers many benefits, but the most significant may be the peace of mind that comes with knowing there’s a fresh start ahead without the need to continue paying for the mistakes of their past. Individuals can rest assured that they will have the same chances as their peers to get a great college education and set themselves up for a successful career and a wonderful future.
Steps to Expunge a Juvenile Record in Arizona
If you or your child wishes to pursue expungement, there is a process you must follow to request this legal proceeding.
The expungement process in Arizona involves several steps.
- Review Eligibility – First, it is important to review eligibility for expungement. Ensure you or your child meet all the qualifications before beginning the legal process.
- Request a Certified Copy of all Records – To file for expungement, you must first request a certified copy of the relevant juvenile record from the court or from Arizona law enforcement.
- Complete the Petition – Next, fill out the Petition for Expungement form or Destruction of Juvenile Court Records form. File the finished form along with the certified copy of the juvenile record.
- Attend a Hearing – The court may schedule a hearing to discuss the individual’s qualifications for an expungement. During this hearing, you will present evidence for the destruction of the record.
- Await a Decision – After you have presented evidence, you must wait for the court’s decision while ensuring that you complete any additional requirements. If the judge approves the expungement request, the juvenile record will be sealed.
The expungement process can be complex and thus requires attention to detail and a deep knowledge of the qualifications. If handled incorrectly, your request for expungement could be denied. If you or your child are considering the expungement process, legal assistance can make all the difference in your chances of obtaining a positive result. An experienced juvenile attorney can guide you through the process, ensuring the proper completion and filing of all forms and the presentation of convincing evidence an expungement is necessary.
How The Valley Law Group Can Help
The Valley Law Group has years of experience handling juvenile defense and expungement cases. Juvenile law is handled differently than adult criminal law, and the court proceedings can be complicated and overwhelming to parents and minors alike. If you are considering expungement, it is important to seek assistance from a qualified lawyer who understands the laws and proceedings involved.
Juveniles who committed severe offenses could be facing equally severe penalties that could impact the rest of their lives. These offenses can have lasting negative effects even after the initial penalties have ended, especially if the convictions are not removed from the individual’s record. The skilled juvenile defense attorneys at The Valley Law Group are committed to advocating for you or your child as you pursue a brighter future, protecting your rights and preserving your freedoms.
Our juvenile defense attorneys can help you determine your or your child’s eligibility for expungement in Arizona. A skilled attorney can review the details of the case, assess whether you meet the necessary qualifications, and gather evidence to demonstrate that expungement is the right decision. Once they have determined eligibility, your attorney can help you prepare the application for expungement and file the documents in a timely manner.
A defense attorney can represent you or your child during the hearing that follows and effectively present the evidence and other information necessary for expungement. Once the court has made a decision, your attorney can ensure the restoration of any rights forfeited after the conviction and ensure the sealing or destruction of records. Overall, hiring a juvenile defense attorney can give you the best possible chance of securing an expungement that will change your family’s future for the better.
Consult With a Juvenile Defense Attorney in Arizona
You and your child deserve a productive future without the weight of mistakes made in the past. While a juvenile record can have long-lasting implications, it doesn’t have to ruin future opportunities for an education, a career, or housing.
Explore the opportunity for expungement and contact The Valley Law Group to schedule a consultation today. With the right legal team on your side, you will have the expertise and support you need to start fresh.
Sources:
- Arizona Revised Statutes § 8-349 (n.d.). Retrieved February 21, 2025, from https://www.azleg.gov/ars/8/00349.htm
- Arizona Revised Statutes § 13-911 (n.d.). Retrieved February 21, 2025, from https://www.azleg.gov/ars/13/00911.htm
- Maricopa County Superior Court (n.d.). Criminal Law Information. Retrieved February 21, 2025, from https://superiorcourt.maricopa.gov/ll/criminal/
Jon McCarty has broad experience in a wide variety of family law matters. After graduating from the University of Illinois College of Law with the highest honors, Jon served as Law Clerk to The Honorable David Briones in the United States District Court for the Western District of Texas. Jon then spent several years practicing in a large law firm in Chicago, before starting his own multi-state practice concentrating in family and criminal law.
