Doe v. Webster (606 F.2d 1226, 1979)

HAROLD H. GREENE, District Judge:

This is an appeal from an order of the District Court dismissing an action to compel the expungement of all records relating to a federal conviction set aside under section 5021 of the Federal Youth Corrections Act. The court rested its holding on the ground that the Act does not authorize the expungement of criminal arrest and conviction records. For the reasons stated below, we affirm the decision of the District Court with respect to the record of appellant’s arrest, and reverse with respect to the record of his conviction.

I

On January 18, 1971, appellant, then a minor, pleaded guilty to and was convicted of a federal marijuana offense in the United States District Court for the District of Arizona and was sentenced to confinement under the Federal Youth Corrections Act. Several months later, appellant’s sentence was suspended and he was placed on probation pursuant to 18 U.S.C. § 5010(a). On June 5, 1973, he was unconditionally discharged fr