This bill amends the Probate Code of 1939, specifically section 18e of chapter XIIA, to update the criteria and procedures for individuals seeking 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 with a limited number of juvenile offenses—specifically, one felony-equivalent offense and up to three total juvenile offenses—to apply for the setting aside of their adjudications, provided they have no felony convictions. It also clarifies that multiple adjudications from a series of acts within a 12-hour period can be treated as a single offense, with certain exclusions for serious crimes.

Additionally, the bill outlines the application process, including the requirement for a one-year waiting period after the termination of jurisdiction, and mandates that the application must include specific information and be signed under oath. It establishes that the court must consider the applicant's behavior since the adjudication and may set aside the adjudication if it aligns with public welfare. The bill also stipulates that upon setting aside an adjudication, the individual is considered not to have been previously adjudicated, although certain rights and obligations remain intact. The nonpublic record of the adjudication will be retained by the Department of State Police and can only be accessed under specific circumstances, ensuring confidentiality while allowing for necessary legal considerations.

Statutes affected:
House Introduced Bill: 712A.18