What Are Arizona Juvenile Court Records?
The Arizona Juvenile Court system is a sub-stratification within the Superior Court system across counties in the state. Their primary function is to handle referrals of delinquencies and protection rights of children under state statutes.
A referral happens when a parent, school official, probation officer, police and other agencies submit a notice to the County Attorney. Juveniles in this category are between the ages of 8 and 17 years old. Referrals come in form of citations or a physical arrest by the law enforcement agents. The entire process goes into documentation, eventually making up a juvenile record. Arizona Revised Statutes 8–202 govern the interpretations and rules of procedure in the state Juvenile Courts
What Information Is Contained In An Arizona Juvenile Record?
A juvenile record contains basic identifying information of the involved juvenile:
- Names and address of the juvenile
- County where the case is being handled
- Names of supervisory officers assigned to the case
- Disposition hearing
- Court orders
- Identification number of case file or docket numbers
For delinquency cases, additional information includes referral notices, arrest records, delinquency hearings, diversion proceedings, probation hearings, appellate reviews, if any.
The laws of the state define juvenile records as public however they are under separate maintenance procedure from the state registry.
What Cases Are Heard By Arizona Juvenile Court?
Cases under Arizona juvenile Court jurisdiction fall under two categories:
A Delinquency Act Adjudication: there are two sub-categories here: incorrigible youth cases- inclusive of this list are curfew violations, truancy in school, status offenses such as smoking.
Delinquent Youth Cases: a defining feature of cases in this category is that the offenses committed have criminal equivalent under title 13 of the Arizona revised statutes. In other words, cases like this face possible diversion to adults criminal courts. Examples are violent felonies, assault, etc.
A Child Rights Protection proceeding: cases under this category have the commonality of protecting the rights of the child. They include the allocation of custody of children, termination of guardianship rights, social support services, etc.
Note that repeat felony convictions for person’s younger than 14 years in Arizona can lead to subsequent trial at the adult court system. It is especially true if the county attorney considers it necessary to protect the community.
Who Is Eligible To View Juvenile Records In Arizona?
Except for dependency cases, all juvenile records pertaining to unlawful conduct are open to the public under Title 8 of the state statutes. A Juvenile Court in the state can move to seal a record from public access if it determines that it is in the public’s interest that the record remains private. Persons who can access juvenile record include those with legal guardianship rights, probation officers in charge of the case, court-authorized staff, school board representatives, attorneys, judges and anyone or agency with an executive authorization.
How To Find Juvenile Records In Arizona
Juvenile records in Arizona are available at the primary custodian agencies. For example, juvenile court records are available at the Juvenile Department of the county with current jurisdiction on the case. Note that juvenile records may not be accessible unless with the presentation of the evidence of legitimate interest. It could be in form of an ID or a letter of authority, or a notarized referral. To find a juvenile record, begin by determining where the case was filed. Have ready the identification details of the record such as the case file number, the name of the involved juvenile, the county and year of filing.
Records that are considered public may be accessible from some third-party websites. These websites often make searching simpler, as they are not limited by geographic location, and search engines on these sites may help when starting a search for a specific or multiple records. To begin using such a search engine on a third-party or government website, interested parties usually must provide:
•The name of the person involved in the record, unless said person is a juvenile
•The location or assumed location of the record or person involved. This includes information such as the city, county, or state that person resides in or was accused in.
Third-party sites are independent from government sources, and are not sponsored by these government agencies. Because of this, record availability on third-party sites may vary.
Can You Look Up Arizona Juvenile Records Online?
No. Arizona juvenile records are not available online like adult criminal history records. Except the youth got adjudicated as an adult, that is to say,the juvenile case faced a diversion proceeding. Also, if the juvenile got convicted of a felony or certain misdemeanor offenses such as custodial interference, sex offenses, severe traffic violations (driving under influence or driving while intoxicated) and domestic violence. The Arizona revised statutes subsection 41–1 750 provide clear guidelines on the availability of records diverted to the adult criminal Court.
Do Arizona Juvenile Records Show Up On Background Checks?
By default, no. Juvenile records remain hidden during a cursory criminal background check. The details of these records are however accessible to investigation agencies and employers of critical institutional roles such as childcare, healthcare and the military. Also, if the records have undergone expungement or sealing, they will be invisible during a criminal background check. Exceptions to the rule are felony offenses such as murders, kidnappings, rapes, and murders. Inclusive of this list his offence against minors.
How Long Are Juvenile Records Kept In Arizona?
Juvenile records remain in the custody of the primary record agency until the person listed in the record moves a motion to either have the records sealed or destroyed. The difference is that sealed records invisible to the public but visible to all authorised persons or agencies. Destroyed records otherwise known as expungement means that the records have been deleted from the legal system and the only available information about the record is a confidential file retained for statistical purposes. The Arizona Revised Statutes subsection 8–349 makes provisions for the removal of juvenile records either by sealing or destruction. When a juvenile turns 18 years of age, they can file a motion to have their records destroyed. The law provides eligibility criteria for the destruction of juvenile delinquency records. Excluded from the eligibility list are:
- Using deadly weapons
- Defined sex offenses
- Civil traffic violation
- Driving under the influence
- First and second degree murders
- Forcible sexual assault
- Robberies and any other violent felony assaults.
- At the point of filing for a removal of a juvenile record, there must be:
- No pending criminal charges
- No pending fulfillment of probation terms and conditions
- No pending restitutions or fine payments
- Must have been free from any incarceration arising from the convictions
Twenty-five-year-olds can apply to have DUI convictions removed, provided there are no pending charges or obligations.