This bill amends the Probate Code of 1939, specifically section 18e of chapter XIIA, to refine the process by which individuals can apply to have their juvenile adjudications set aside. Key changes include the replacement of the term "person" with "individual" throughout the text, which emphasizes the focus on individual applicants. The bill allows individuals who have been adjudicated for a limited number of juvenile offenses—specifically, not more than one felony-equivalent offense and not more than three total juvenile offenses—to file an application for setting aside their adjudications, provided they have no felony convictions. It also stipulates that individuals must wait one year after the termination of jurisdiction before filing an application.

Additionally, the bill outlines the necessary information that must be included in the application, such as the applicant's name, address, and a certified record of the adjudication. It establishes a process for the Department of State Police to conduct fingerprint comparisons and report findings to the court. The bill also includes provisions for victims of certain offenses to be notified and allowed to contest the application. Importantly, it clarifies that setting aside an adjudication is a privilege, not a right, and specifies that the nonpublic record of the adjudication will be retained and can only be accessed under certain conditions. The amendments aim to streamline the process while ensuring that public safety and the rights of victims are considered.

Statutes affected:
House Introduced Bill: 712A.18