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Need A Definition for Destruction of Records in AZ

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cpuslave

Junior Member
I was adjudicated delinquent in Maricopa County, AZ at the age of 16. I was charged with a Class 6 felony, but accepted an 'Plea Agreement' of a Class 1 misdemeanor. I was also stripped of my right to own a firearm. I have read through ARS 8-349 (B), (D), 8-348, and 13-912-.01, and have determined that I satisfy all requirements concerning expungement:

-I am 19 years old.
-The offense I was adjudicated delinquent was 'Interference With School' ARS 13-2901, 13-2911 (A)(2), 8-341, 13-702,13-707, and 13-802.
-Have had a clean record since (went to traffic school a year ago to whipe away a speeding ticket).
-I have completed all terms of my probation, and was granted an early release 6 months later.

So in filing my application there are three 'request' checkboxes that I'm uncertain of:
-Request of destruction of juvenile records as designated by my application.
-Request the Court to set aside the adjudication on the petition filed on this date:___.
-Request the Court restore my civil rights and my right to carry or possess a gun or firearm.

Can somebody explain to me the difference in 'destruction of records' vs. 'setting aside records'?

Also, I had a stellar job interview today and upon being asked if I've ever been convicted of a felony, misdemeanor, or any criminal convictions, I said no. I've heard from a few different people (previous public defender, attorneys, and PO) to say 'no' because I was adjudicated, not convicted. Is this true? I'm having a criminal background check performed and am super worried! Any help is much appreciated!
 


seniorjudge

Senior Member
Q: Can somebody explain to me the difference in 'destruction of records' vs. 'setting aside records'?

A: It doesn't say "set aside records". Read it again.
 

cpuslave

Junior Member
Q: Can somebody explain to me the difference in 'destruction of records' vs. 'setting aside records'?

A: It doesn't say "set aside records". Read it again.
I apologize, "setting aside ADJUDICATIONS". I'm assuming if you know that's the improper terminology, you could have at least posted a helpful response, rather than a condescending smart ass statement.
 

Indiana Filer

Senior Member
I apologize, "setting aside ADJUDICATIONS". I'm assuming if you know that's the improper terminology, you could have at least posted a helpful response, rather than a condescending smart ass statement.
Personally, I'd request all three options. I'd want the records destroyed so they no longer exist. I'd want the adjudication set aside so that the law no longer considers the juvenile to have been adjudicated. I'd want all my civil rights restored because, well, I deserve my civil rights if I am no longer considered to have been adjudicated.
 

cpuslave

Junior Member
Personally, I'd request all three options. I'd want the records destroyed so they no longer exist. I'd want the adjudication set aside so that the law no longer considers the juvenile to have been adjudicated. I'd want all my civil rights restored because, well, I deserve my civil rights if I am no longer considered to have been adjudicated.
I don't seem to understand this very well, but if records are to be destroyed then there should be no history of any previous adjudications, arrests, etc. If that's the case, then how would you "set aside" something that is being destroyed?
 

seniorjudge

Senior Member
I don't seem to understand this very well, but if records are to be destroyed then there should be no history of any previous adjudications, arrests, etc. If that's the case, then how would you "set aside" something that is being destroyed?
The records (physical stuff) will be literally destroyed.

The adjudication (a process) will be set aside (i.e., the court says it doesn't exist anymore).

Ask for everything.
 

cpuslave

Junior Member
The records (physical stuff) will be literally destroyed.

The adjudication (a process) will be set aside (i.e., the court says it doesn't exist anymore).

Ask for everything.
Thank you.

As for my other question concerning a criminal background check, will juvenile adjudications be revealed? If so, is it illegal for an employer to prohibit employment based on given adjudication?
 

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