Can a juvenile record affect a driver's license or permit or other licenses?
Your record can result in driver's license revocations under sections 28-3304, 28-3306, and 28-3320 of the Arizona Revised Statutes and can affect firearm possession and result in suspension or revocation of game and fish licenses after adjudication for poaching.
Can a complaint or charge brought against a juvenile affect elementary or high school education?
The K-12 school district has broad authority to expel or suspend students for off-campus activity. However, nothing in the law suggests that an adjudication of delinquency automatically results in school discipline when the offense was unrelated to school. Upon conviction in adult court for a drug offense, the court may render the convicted person ineligible to receive state scholarships or tuition waivers to state or community colleges.
If I need a lawyer but we cannot afford one, what can I do?
The juvenile court will appoint attorneys to represent all indigent juveniles, parents, and guardians that are entitled to counsel. The judge of the juvenile court will also appoint an attorney for an indigent party appealing a final order of the juvenile court.
If a court appointed lawyer is assigned to the case, there is a $400 attorney fee levied against the parents.
I have a police record. Will anyone hire me now?
Yes, someone will hire you, depending on the type of offense you have and the type of job you are considering. A police record does not automatically disqualify you from employment.
- An employer is not allowed to ask about arrests, other than pending charges.
- An employer may ask whether an applicant has any pending charges or convictions, as long as the employer makes it clear that these will only be given consideration if the offenses are substantially related to the particular job. An employer cannot legally make a rule that persons with conviction records will not be employed. Each job and record must be considered individually.
- Generally, you do not have to disclose if you were arrested on an application or during an interview, only convictions.
- You must be honest on the application if it asks you if you were ever convicted; but you may get the opportunity to explain during the interview.
- Please consider the type of work that you will be applying for in relation to the conviction you received (i.e., if it is a grand larceny charge, you may reconsider applying for employment at a car dealership; if it is a drug charge, you may want to reconsider applying for healthcare jobs, etc.).
May juvenile records be viewed for employment purposes?
Employers have access to juvenile court records through the court unless the records have been destroyed.
What information is available to employers with access to juvenile delinquency records?
All records of proceedings and matters involving juveniles accused of unlawful conduct are open to the public. Juveniles' legal files include referrals involving delinquent acts, arrest records, delinquency hearings, disposition hearings, probation hearings, appellate review, and diversion proceedings.
In addition, when the employer has access to the juvenile's fingerprint records, he will see the name of the juvenile, a juvenile case number, date of adjudication and the court of adjudication.
What type of employers may disqualify applicants based on juvenile records?
Under Arizona law, individuals who want to practice certain professions or be employed in certain industries must have fingerprint clearance cards. Arizona issues two types of fingerprint clearance cards, Level I cards, and Basic Cards. The Level I cards have a higher eligibility standard and are typically required for work with children, vulnerable adults, and people with development disabilities.
Applicants for the following positions may be disqualified based on juvenile records:
- School Employees or Volunteers - individuals applying for school employee positions must submit their fingerprints to be used for a state and federal criminal record check.
- Other Human Services Licensed Employment - individuals applying for liquor licenses are required to undergo a criminal records check and submit a full set of fingerprints to the department of public safety. In addition, all individuals applying for positions providing service to juveniles, working in shelters for victims of domestic abuse, and conducting parent education programs must undergo a criminal records check and submit a full set of fingerprints to ensure that they have not committed any of the offenses listed in sections 41-1758.07(B)-(C) of the Arizona Revised Statutes.
- A housing provider may exclude any household which includes a member currently engaging in, or has engaged in during a reasonable time before the admissions decision, any drug-related or violent criminal activity or other criminal activity which would adversely affect the health, safety, or right to peaceful enjoyment of the premises by other residents, the owner, or public housing agency employees.
Can a juvenile record affect eligibility for public housing?
Under federal guidelines, households that include a juvenile who must register as a sex offender will be banned from public housing forever. Households which include a member who has been convicted, as an adult or juvenile, for manufacturing or otherwise producing methamphetamine on the premises of a federally assisted housing program will also be banned permanently from admission to public housing.
In addition, a household may also be banned from public housing if a housing provider determines that a member is currently engaged in the illegal use of a controlled substance or if the housing provider has a reasonable belief that a household member's pattern of illegal drug use may threaten the health, safety, or right to peaceful enjoyment of the premise by other residents. When considering whether to admit a household that was formerly rejected due to a member's illegal drug usage, the housing provider may consider a member's rehabilitation as evidenced by completing or participating in treatment.
Can I have my arrest records sealed or expunged?
Juveniles cannot seal personal court or arrest records, but the juvenile court may order any record to be kept confidential and withheld from public inspection if the court finds a clear public interest in confidentiality. Likewise, juveniles cannot expunge personal records, but they can destroy records under certain conditions.
Juveniles without severe offenses who have complied with court orders may apply to have their records destroyed once they reach age 18.