Frequently Asked Questions
- What is the mailing address?
- Who do I speak with regarding non-payments of restitution?
1. What is the difference between probation and parole?
Probation is a conditional suspension of an imposed disposition. Probationers are supervised by a probation officer and the probationer must follow the terms and conditions of probation. Probation is a substitute for a prison term, which is dependent upon good behavior. Probation can include detention, treatment, restitution and/or other special terms and conditions such as drug court.
Parole is supervision upon the release from Arizona Department of Juvenile Corrections after serving a certain amount of time. The youth will be under the supervision of a parole officer.Parole can be revoked if the youth fails to observe the conditions of his parole order. Parole is a state agency. Their telephone number for Southeast Arizona is 520-850-1843.
2. What is the mailing address?
Bisbee: PO Box 429, Bisbee, AZ 85603 (520) 432-8810
Benson:126 E 5th Street, Suite 6, Benson, AZ 85602 (520) 586-8241
Douglas: 1930 11th Street, Douglas, AZ 85607 (520) 805-5541
Sierra Vista: 100 Colonia de Salud, Suite 101, Sierra Vista, AZ 85635 (520) 803-3101
Willcox Probation Office: 450 S. Haskell Avenue, Willcox, AZ 85643 (520) 384-7020 Facsimile: (520) 384-5221
3. Who do I speak with regarding non-payments of restitution?
Please call the main office in Bisbee, Arizona, at (520) 432-7524. We will refer you to the correct probation officer.
4. What generally happens to a referral in Cochise County?
The above chart reflects the disposition of referrals in the calendar year 2010. The total number of referrals received by the Cochise County Juvenile Court was 1872. The above chart does not include referrals that were dismissed or are currently in the court process; however it characterized the fact that more than half of referrals are diverted thereby alleviating the court workflow.
5. I am moving to Cochise County from another state, what do I need to do?
See Interstate Compact Supervision.
6. I would like to have my juvenile records destroyed. What do I do?
Review the statute that applies to Destruction of Juvenile Records and/or Setting Aside an Adjudication then submit an Application For Destruction of Records, Setting Aside Adjudications, and/or Restoration of Civil Rights (PDF) as outlined in the above statute. Please pay careful attention to the requirements listed below as they apply to statute:
DESTRUCTION OF RECORDS
A.R.S. § 8-349 (B)
If you are 18 years old or older, you may apply for destruction of Juvenile Court and Arizona
Department of Juvenile Corrections delinquency records 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 of delinquency as identified below.
In your affidavit and application, you must certify under oath that all of the following are true:
- you are at least 18 years of age.
- you have not been convicted of a felony offense (in an adult court) or adjudicated delinquent (in juvenile court) for an offense listed in A.R.S. 13-501 subsection A or B (see below) or Title 28 Chapter 4 (driving under the influence).
- A.R.S. 13-501 subsection A offenses: first degree murder, second degree murder, forcible sexual assault, armed robbery, violent felony offense, felony offense committed by a chronic felony offender.
- A.R.S. 13-501 subsection B offenses include: class 1 felony, class 2 felony, class 3 felony (violation for any offense in chapter 10 through 17 or chapter 19 or 23), class 3, 4, 5, or 6 felonies involving intentional or knowing infliction of serious physical injury or the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument, and felony offenses committed by chronic felony offender.
- a criminal charge is not pending against you in adult court.
- you have completed all of the conditions of your juvenile-court ordered probation, or received a discharge from the Arizona Department of Juvenile Corrections pursuant to A.R.S. § 41-2820 on successful completion of your individualized treatment plan.
- all restitution and monetary assessments have been paid in full.
Pursuant to Administrative Order of the Juvenile Court 2001-03 ALL monetary fees & assessments must have been paid in full, including ALL monetary fees & assessments owed by the parent or guardian of the juvenile.
DESTRUCTION OF RECORDS
A.R.S. § 8-349 (D)
If you are 25 years of age or older but could not apply for the destruction of records under A.R.S. § 8-349(B) (above), you may apply for destruction of Juvenile Court and Arizona Department of Juvenile Corrections delinquency records as identified below.
In your affidavit and application you must certify under oath that all of the following are true:
- you are at least 25 years of age.
- you have not been convicted of a felony offense in an adult court.
- a criminal charge is not pending against you in an adult court.
- you have completed all of the conditions of your juvenile-court ordered probation, or received a discharge from the Arizona Department of Juvenile Corrections pursuant to A.R.S. § 41-2820 on successful completion of your individualized treatment plan.
- all restitution and monetary assessments have been paid in full.
Pursuant to Administrative Order of the Juvenile Court 2001-03 ALL monetary fees &
assessments must have been paid in full, including ALL monetary fees & assessments owed by the parent or guardian of the juvenile.
SETTING ASIDE ADJUDICATIONS
A.R.S. § 8-348
If you are at least 18 years of age, have been adjudicated delinquent or incorrigible, and have fulfilled the conditions of probation and discharge that were ordered by the juvenile court or discharged from the department of juvenile corrections pursuant to § 41-2820 on successful completion of your individual treatment plan, you may apply to set aside the adjudication.
You are NOT eligible to apply to set aside the adjudication if you were adjudicated delinquent for any of the following offenses:
- an offense involving the infliction of serious physical injury.
- an offense involving the use or exhibition of a deadly weapon or dangerous instrument.
- an offense in violation of title 13, chapter 14 (sexual offenses).
- an offense in violation of section 28-1381 (driving under the influence), 28–1382 (driving under the extreme influence), 28-1383 (aggravated driving under the influence); or 28-3473 (driving on a suspended license).
- a traffic violation under title 28, chapter 3 (various traffic offenses--See 8-348.D.5). In the affidavit and application you must certify under oath that all of the following are true:
- you are at least 18 years of age.
- the offense was not in violation of the above stated statutes.
- you have not been convicted of a criminal offense in an adult court.
- you do not have a criminal charge pending in an adult court.
- you have completed all of the conditions of your court ordered probation or received a discharge from the Arizona Department of Juvenile Corrections upon successful completion of your individualized treatment plan.
- all restitution and monetary assessments have been paid in full.
RESTORATION OF CIVIL RIGHTS
A.R.S. § 13-912.01
You may apply for the restoration of your civil right to carry a gun or firearm as set forth below:
In the affidavit and application you must certify under oath that one of the following is true.
- If you were adjudicated delinquent for a dangerous offense under A.R.S. § 13-704, a serious offense as defined in A.R.S. § 13-706, burglary in the first degree, burglary in the second degree, or arson, you must certify that you have reached age 30.
- A dangerous offense under A.R.S. § 13-704 means "an offense involving the discharge, use or threatening exhibition of a deadly weapon or dangerous instrument or the intentional or knowing infliction of serious physical injury on another person (see A.R.S. § 13-105(13).
- Serious offenses under A.R.S. § 13-706 include: first degree murder, second degree murder, manslaughter, aggravated assault resulting in serious physical injury or involving the discharge, use, or threatening exhibition of a deadly weapon or dangerous instrument, sexual assault, any dangerous crime against children, arson of an occupied structure, armed robbery, burglary in the first degree, kidnapping, or sexual conduct with a minor under 15 years of age, and child prostitution.
- If you were adjudicated delinquent for any other felony offense with a date of offense on or after July 17, 1994, you must certify that it has been two years since you were discharged from probation after being adjudicated delinquent. Superior Court in ♦ If you were adjudicated delinquent for a misdemeanor offense with a date of offense on or after July 17, 1994 and before September 21, 2006, you must certify that it has been two years since you were discharged from probation after being adjudicated delinquent.
NOTE: If you were adjudicated delinquent for a misdemeanor with a date of offense either before July 17, 1994 or on or after September 21, 2006, you did not lose your civil rights to carry a gun or firearm (except perhaps during your term of probation or commitment to the Department of Juvenile Corrections), so you do not need to have those rights restored. See A.R.S. §§ 8-341(R) and 13-904(H) (as revised from time to time).
7. I need a background investigation or records check on a juvenile.
Request for information must be in adherence with Arizona Code of Judicial Administration (ACJA) 3-402 – Superior Court Records Retention and Disposition. Please contact Martha Huntley at (520) 432-7524 for any questions.
8. How do I pay a fine or fee?
A fine or fee (monetary assessment) can be paid several ways for your convenience.
- You can make a payment in any of the community offices throughout Cochise County.
- You can make a credit card payment either at any of our offices or over the phone.
- You can mail a payment to any of our offices.
- Payment plans can be established with community probation offices or the Collections Specialist, Vicki Barton at (520) 432-7525 extension 15.