NCJ Number
49979
Journal
Kentucky Law Journal Volume: 66 Issue: 3 Dated: (1977-1978) Pages: 741-758
Date Published
1978
Length
18 pages
Annotation
THE LEGISLATIVE INTENT AND JUDICIAL CONSTRUCTION OF THE EXPUNGEMENT SECTION (SEC. 5021) OF THE FEDERAL YOUTH CORRECTIONS ACT ARE EXAMINED. THE CONTRADICTORY RESULTS FOUND ARE AN ARGUMENT FOR LEGISLATIVE REVISION.
Abstract
WHEN THE FEDERAL YOUTH CORRECTIONS ACT WAS PASSED IN 1950, EXPUNGEMENT STATUTES WERE NOT COMMON, ALTHOUGH THE NEED FOR SUCH LEGISLATION HAD BECOME APPARENT. THE ACT CALLS FOR AUTOMATICALLY SETTING ASIDE A CONVICTION UPON THE UNCONDITIONAL DISCHARGE OF THE YOUTH FROM THE YOUTH CORRECTIONS DIVISION. HOWEVER, OFFENDERS GRANTED SUCH RELIEF WERE OFTEN UNCLEAR AS TO ITS MEANING. SUCH MATTERS AS POSSESSION OF FIREARMS, HOLDING PUBLIC OFFICE, RECEIVING A LICENSE GRANTED BY A PUBLIC AUTHORITY, BEING DEPORTED (IF AN ALIEN), OR LISTING THE CONVICTION ON AN APPLICATION FORM FOR EMPLOYMENT WERE NOT SETTLED BY THE LAW. A SERIES OF DECISIONS FROM VARIOUS CIRCUITS OF THE U.S. DISTRICT COURT SYSTEM HAS GIVEN CONFLICTING ANSWERS TO THESE QUESTIONS. AN OVERVIEW IS PRESENTED OF VARIOUS STATE EXPUNGEMENT STATUTES, WHICH ARE GENERALLY MORE RESTRICTIVE THAN THE FEDERAL LAW. THE HISTORY OF SECTION 5021 IS SUMMARIZED, AND CONFLICTING JUDICIAL INTERPRETATIONS ARE EXAMINED IN DETAIL. FINALLY, SECTION 5021 IS COMPARED TO EXPUNGEMENT STATUTES IN NEW JERSEY, CALIFORNIA, KANSAS, NEW YORK, AND MINNESOTA. A PLEA FOR REVISION OF SECTION 5021 IS MADE. SUGGESTIONS FOR LEGISLATIVE REVISION ARE MADE, AND SEVERAL POSSIBLE STATUTORY APPROACHES ARE SET FORTH. THE ARTICLE INCLUDES FOOTNOTES, PRIMARILY LEGAL CITATIONS. (GLR)