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SB1667 - 572R - I Ver
REFERENCE TITLE:
juvenile records; lifetime injunctions
State of Arizona
Senate
Fifty-seventh Legislature
Second Regular Session
2026
SB 1667
Introduced by
Senator
Bolick
AN
ACT
amending section 8-349, Arizona
Revised Statutes; relating to juvenile records.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 8-349, Arizona Revised
Statutes, is amended to read:
START_STATUTE
8-349
.
Destruction of juvenile
records; electronic research records; definition
A. A person who is at least eighteen years of age
,
and
who has been adjudicated delinquent
or incorrigible
and who is not subject to a lifetime injunction
issued pursuant to section 13-719
may apply for destruction of the
person's juvenile court and department of juvenile corrections records if
the records involve an adjudication for an offense other than
an offense listed in section 13-501, subsection A or B or title 28,
chapter 4.
B. The person shall attest to all of the following
in the application:
1. The person is at least eighteen years of age.
2. The person has not been convicted of a felony
offense or adjudicated delinquent for an offense that would be an offense
listed in section 13-501, subsection A or B or title 28, chapter 4.
3. A criminal charge is not pending.
4. The person has completed all of the terms and
conditions of court-ordered probation or been discharged from the department of
juvenile corrections pursuant to section 41-2820 on successful completion
of the individual treatment plan.
5. All restitution is paid in full.
6. The person is not under the jurisdiction of the
juvenile court or the department of juvenile corrections.
7. The person is not currently required to register
pursuant to section 13-3821.
8. The person has either paid all fines in full or
has requested the court to modify the outstanding fines pursuant to subsection
K of this section.
9. The person is not subject to a
lifetime injunction issued pursuant to section 13-719.
C. The juvenile court may order the destruction of
records under subsection A of this section if the court finds all of the
following:
1. The person is at least eighteen years of age.
2. The person has not been convicted of a felony
offense.
3. A criminal charge is not pending.
4. The person was not adjudicated for an offense
listed in section 13-501, subsection A or B or title 28, chapter 4.
5. The person successfully completed the terms and
conditions of probation or was discharged from the department of juvenile
corrections pursuant to section 41-2820 on successful completion of the
individual treatment plan.
6. All restitution is paid in full.
7. All fines are either paid in full or have been
modified pursuant to subsection K of this section.
8. The person is not under the jurisdiction of the
juvenile court or the department of juvenile corrections.
9. The person is not currently required to register
pursuant to section 13-3821.
10. The person is not subject to a
lifetime injunction issued pursuant to section 13-719.
D. A person who
is not subject to a
lifetime injunction issued pursuant to section 13-719 and who
is
not eligible to have the person's records destroyed pursuant to subsection A of
this section may apply to have the person's juvenile court and department of
juvenile corrections records destroyed pursuant to subsection E of this
section. The person shall attest to all of the following in an
application:
1. The person is at least twenty-five years of
age.
2. The person has not been convicted of a felony
offense.
3. A criminal charge is not pending.
4. All restitution is paid in full.
5. The person has either paid all fines in full or
has requested the court to modify the outstanding fines pursuant to subsection
K of this section.
6. The person is not currently required to register
pursuant to section 13-3821.
7. The person is not subject to a
lifetime injunction issued pursuant to section 13-719.
E. The juvenile court may order the destruction of
records if the court finds that all of the following apply to a person who
files an application pursuant to subsection D of this section:
1. The person is at least twenty-five years of
age.
2. The person has not been convicted of a felony
offense.
3. A criminal charge is not pending.
4. All restitution is paid in full.
5. All fines are either paid in full or have been
modified pursuant to subsection K of this section.
6. The person is not currently required to register
pursuant to section 13-3821.
7. The destruction of the records would further the
rehabilitative process of the applicant.
8. The person is not subject to a
lifetime injunction issued pursuant to section 13-719.
F. The juvenile court and the department of juvenile
corrections may store any records for research purposes.
G. At the juvenile's disposition hearing, the court
shall inform the juvenile, in writing, of the right to the destruction of the
juvenile's court and department of juvenile corrections records.
H. The clerk of the court may not charge a filing
fee for the application to destroy juvenile records.
I. The clerk of the court shall transmit a copy of
an application submitted pursuant to this section to the county attorney in the
county in which the referral was made.
J. The county attorney may file an objection to an
application that is submitted pursuant to this section for the destruction of
records.
K. On a showing of good cause, the court may modify
any fine imposed by the court except for victim restitution.
L. The juvenile court may not consider outstanding
fees, assessments and surcharges when determining whether to destroy the
juvenile's court and department of juvenile corrections records.
M. The juvenile court, the clerk of the superior
court and the juvenile probation department, either on order of the juvenile
court after the person files an application with the court or on notification
by the probation department, shall destroy the records that concern a referral
or citation that did not result in an adjudication. Records that are
eligible for destruction pursuant to this subsection shall be destroyed within
ninety days after the person who was the subject of the referral or citation reaches
eighteen years of age or when destruction is ordered by the
court. The probation department shall send a copy of the notice to
the department of public safety central state repository.
N. Within six months after receiving a notification
from the superior court that a person's juvenile delinquency or incorrigibility
records were destroyed, the department of child safety shall destroy all court,
juvenile probation and department of juvenile corrections records that are in
the department of child safety's possession and that were produced in the
delinquency or incorrigibility matter.
O. The clerk of the court shall notify the
department of public safety if a person's record is destroyed pursuant to this
section.
P. For the purposes of this section,
"successfully" means, in the discretion of the court, the person
satisfied the conditions of probation.
END_STATUTE