CRIMINAL LAW - PENOLOGY - THE EXPUNCTION OF CRIMINAL RECORDS UNDER THE FEDERAL YOUTH CORRECTIONS ACT - A NOVEL JUDICIAL INTERPRETATION

• NCJ Number: 69208
• Journal: Wayne Law Review Volume: 26 Issue: 3 Dated: (MARCH 1980) Pages: 1111-1125
• Author(s): L E BROBERG
• Date Published: 1980
• Length: 15 pages
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE HISTORY OF JUDICIAL INTERPRETATION OF CONGRESSIONAL INTENT IN PROVIDING FOR THE 'SETTING ASIDE' OF YOUNG EX-OFFENDERS' CONVICTION UNDER THE PROVISIONS OF THE FEDERAL YOUTH CORRECTIONS ACT (FYCA) IS REVIEWED.

Abstract

SECTION 5021 OF THE FYCA SEEKS TO REDUCE THE BARRIERS TO THE PRODUCTIVE REENTRY OF THE YOUNG OFFENDER INTO SOCIETY BY 'SETTING ASIDE' THE EX-OFFENDER'S CONVICTION AND ISSUING A CERTIFICATE TO THAT EFFECT. A REVIEW OF THE FIRST CASES THAT TESTED THE INTENT OF SECTION 5021 SHOWS THAT THE COURTS REFUSED REQUESTS FOR THE EXPUNCTION OR OBLITERATION OF CONVICTION RECORDS, CONTENDING THAT CONGRESS WOULD HAVE USED THE WORD 'EXPUNCTION' IF IT HAD MEANT TO MANDATE THE EXTINCTION OF CRIMINAL RECORDS. IT WAS REASONED THAT A CERTIFICATE WOULD BE UNNECESSARY IF EXPUNCTION WERE INTENDED, AND THAT IT WOULD BE INCONSISTENT FOR CONGRESS TO PROVIDE FOR A STATUTORY RIGHT OF EXPUNCTION FOR CONVICTION RECORDS BUT NOT FOR ARREST RECORDS. DOE V. WEBSTER WAS THE FIRST CASE IN WHICH A FEDERAL COURT OF APPEALS FOUND THAT SECTION 5021 AUTHORIZES EXPUNCTION OF CONVICTION OR ARREST RECORDS. IT WAS CONTENDED BY THE COURT THAT, BY EXPUNGING THE CONVICTION RECORDS OF THE PLAINTIFF, THE GENERAL PURPOSE OF THE FYCA WAS SERVED AND A PROPER BALANCE BETWEEN LAW ENFORCEMENT INTERESTS AND THE REHABILITATIVE PROTECTION OF THE YOUTHFUL OFFENDER WAS ACHIEVED. HOWEVER, THE COURT'S DECISION NOT TO EXPUNGE THE PLAINTIFF'S ARREST RECORDS REPRESENTED A RETREAT TO THE SAFETY OF PRECEDENT AT THE COST OF THE EX-OFFENDER. IF THE COURT HAD ORDERED THE RESTRICTION OF THE DISSEMINATION OF ARREST RECORDS TO LAW ENFORCEMENT AGENCIES, BONA FIDE LAW ENFORCEMENT INTERESTS WOULD BE PROTECTED WHILE RELEASING THE OFFENDER FROM ANY OF THE STIGMA ATTACHED TO A CRIMINAL RECORD. SUCH ACTION IS NECESSARY TO EFFECTIVELY FURTHER THE REHABILITATIVE PURPOSES OF THE FYCA. UNLESS CONGRESS ACTS TO EXTEND PROTECTION UNDER THE FYCA, EX-OFFENDERS WILL HAVE TO STRUGGLE TO OVERCOME THE HANDICAPS OF AN ARREST RECORD. FOOTNOTES ARE PROVIDED.