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8-349 Destruction of juvenile records

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A. A person who has been referred to juvenile court may apply for destruction of the person’s juvenile court and department of juvenile corrections records.

B. If the records concern a referral or citation that did not result in further action or that resulted in diversion, placement in a community based alternative program or an adjudication for an offense other than an offense listed in section 13-501, subsection A or B or title 28, chapter 4, the person shall file an application with the juvenile court and shall serve a copy of the application on the county attorney in the county in which the referral was made. The person shall certify under oath that all of the following apply:

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 successfully 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 individualized treatment plan.

5. All restitution and monetary assessments have been paid in full.

C. The juvenile court may order the destruction of records under subsection B 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 all of 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 individualized treatment plan.

6. All restitution and monetary assessments have been paid in full.

7. The destruction of the records is in the interests of justice.

8. The destruction of the records would further the rehabilitative process of the applicant.

D. If the records concern a referral that resulted in an adjudication of delinquency for an offense not subject to subsection B of this section the person shall file the application with the juvenile court and shall serve a copy of the application on the county attorney in the county in which the referral was made. The person shall certify under oath that all of the following apply:

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. The person has successfully 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 individualized treatment plan.

5. All restitution and monetary assessments have been paid in full.

E. The juvenile court may order the destruction of records under subsection D of this section if the county attorney does not object within ninety days after the date of the notice and the court finds that all of the following apply:

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. The person has successfully completed all of the terms and conditions of probation, including the payment of all restitution, or been discharged from the department of juvenile corrections pursuant to section 41-2820 on successful completion of the individualized treatment plan.

5. All restitution and monetary assessments have been paid in full.

6. The destruction of the records would be in the interests of justice.

7. The destruction of the records would further the rehabilitative process of the applicant.

F. The juvenile court and the department of juvenile corrections may store any records for research purposes.

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