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NCJRS Abstract

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NCJ Number: 31036 Find in a Library
Title: FEDERAL YOUTH CORRECTIONS ACT - THE PURPOSES AND USES OF VACATING THE CONVICTION
Journal: FEDERAL PROBATION  Volume:39  Issue:3  Dated:(SEPTEMBER 1975)  Pages:31-38
Author(s): J L SCHAEFER
Corporate Author: Administrative Office of the United States Courts
United States of America
Date Published: 1975
Page Count: 8
Sponsoring Agency: Administrative Office of the United States Courts
Washington, DC 20544
Publisher: https://www.uscourts.gov 
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)
Index Term(s): Conviction records; Convictions; Criminal histories; Ex-offender employment; Expungement or sealing of records; Judicial decisions; Laws and Statutes; Sentencing/Sanctions; Youthful offenders
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=31036

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