FEDERAL YOUTH CORRECTIONS ACT - THE PURPOSES AND USES OF VACATING THE CONVICTION

• NCJ Number: 31036
• Journal: Federal Probation Volume: 39 Issue: 3 Dated: (SEPTEMBER 1975) Pages: 31-38
• Author(s): J L SCHAEFER
• Date Published: 1975
• Length: 8 pages
• Corporate Author: Administrative Office of the United States Courts
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THIS ARTICLE EXAMINES THE PROVISIONS AND PURPOSE OF THE YOUTH CORRECTIONS ACT AND REVIEWS THE CONTRADICTORY PRACTICES BY AGENCIES AND COURTS CONCERNING THE STATUS OF CONVICTION 'SET ASIDE' UNDER PROVISIONS OF THE ACT.

Abstract

THE FEDERAL YOUTH CORRECTIONS ACT (YCA) PROVIDES THAT OFFENDERS BETWEEN THE AGES OF 18 AND 26 WHO ARE SENTENCED UNDER THE ACT AND WHO LATER RECEIVE AN UNCONDITIONAL DISCHARGE FROM PROBATION OR PAROLE PRIOR TO THE EXPIRATION OF THEIR MAXIMUM SENTENCE WILL HAVE THEIR CONVICTIONS SET ASIDE. HOWEVER, THE MEANING AND EFFECT OF A CONVICTION THAT HAS BEEN SET ASIDE HAS BEEN VARIOUSLY INTERPRETED. THE AUTHOR MAINTAINS THAT DESPITE THE PRESENT DISCREPANCIES IN INTERPRETATION, BOTH THE CONGRESSIONAL PURPOSE AND JUDICIAL DECISIONS ARE CLEAR: A CONVICTION SET ASIDE UNDER THE YCA IS TO BE ELIMINATED ENTIRELY FROM THE YOUTH'S RECORD. THE PRACTICES OF AGENCIES SUCH AS PROFESSIONAL LICENSING AGENCIES, THE MILITARY, OR THE FEDERAL GOVERNMENT WITH RESPECT TO REVELATION OF 'SET ASIDE' CONVICTIONS ON APPLICATIONS ARE EXAMINED, AND THE CONFUSING NATURE OF THESE REQUIREMENTS IS MADE EVIDENT. IN EACH OF THESE CASES, THE AUTHOR ARGUES THAT APPLICANTS SHOULD NOT BE REQUIRED TO REVEAL YCA CONVICTIONS WHICH HAVE BEEN SET ASIDE. POSSIBLE METHODS OF REMEDYING THE CONFUSION SURROUNDING THESE CONVICTIONS THROUGH ADMISTRATIVE CLARIFICATION AND LITIGATION ARE EXAMINED. (AUTHOR ABSTRACT MODIFIED)