NCJ Number
39276
Journal
Iowa Law Review Volume: 62 Issue: 2 Dated: (DECEMBER 1976) Pages: 547-567
Date Published
1976
Length
21 pages
Annotation
REVIEW OF A FEDERAL COURT RULING IN US V MCMAINS (1976) WHICH HELD THAT SECTION 5021 OF THE FEDERAL YOUTH CORRECTIONS ACT (FYCA) DOES NOT AUTHORIZE A FEDERAL DISTRICT COURT TO ORDER EXPUNGEMENT OF CRIMINAL RECORDS.
Abstract
FACTS OF THE CASE ARE ANALYZED AS ARE PRIOR JUDICIAL INTERPRETATIONS OF SECTION 5021. THE LEGISLATIVE HISTORY OF THE ACT, ESPECIALLY WITH RESPECT TO SECTION 5021 IS OUTLINED, AND THE REASONING OF THE MCMAINS MAJORITY IS CRITIQUED IN LIGHT OF PRIOR JUDICIAL INTERPRETATIONS AND 5021'S LEGISLATIVE HISTORY. THE INHERENT POWER OF A FEDERAL COURT TO ORDER THE REMOVAL OF GOVERNMENT RECORDS FROM PUBLIC ACCESS IS DISCUSSED AS A MEANS OF EFFECTUATING AN INTERPRETATION OF 5021 WHICH DIFFERS FROM THE INTERPRETATION IN MCMAINS. (AUTHOR ABSTRACT MODIFIED) ...EB