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View Full Version : Legal Question- Holmes Youthful Traniee Act


Dansjeep2000
11-21-2011, 08:57 AM
Not sure if this should be in legal begel or here.

A guy I know is looking to get a Suppressor, he has his CPL and owns many pistols.

When he was 17 he was convicted of grand larceny and given 2 years probation, sentanced under HYTA. He met all the conditions of his probation and his records are sealed.

Will this come up under an ATF examination of the form 4?

He was told at the time of his release from probation "under HYTA its like it never happened" is this true?
Dsully
11-21-2011, 10:13 AM
Not sure if this should be in legal begel or here.

A guy I know is looking to get a Suppressor, he has his CPL and owns many pistols.

When he was 17 he was convicted of grand larceny and given 2 years probation, sentanced under HYTA. He met all the conditions of his probation and his records are sealed.

Will this come up under an ATF examination of the form 4?

He was told at the time of his release from probation "under HYTA its like it never happened" is this true?
I am not a lawyer but I'm pretty sure he is good to go.
Shyster
11-21-2011, 03:03 PM
Under HYTA, if the defendant successfully completes their term of probation and any other requirements the court has imposed, then the public record of his arrest is removed and the case is dismissed. LE still can look back and see he was charged and pled out under HYTA but that should have no bearing or effect on his rights to own firearms or the like.
Dansjeep2000
11-22-2011, 08:36 AM
Under HYTA, if the defendant successfully completes their term of probation and any other requirements the court has imposed, then the public record of his arrest is removed and the case is dismissed. LE still can look back and see he was charged and pled out under HYTA but that should have no bearing or effect on his rights to own firearms or the like.
Thanks, this will make his day!
mpearce
12-11-2011, 11:47 PM
He met all the conditions of his probation and his records are sealed.



Just clarifying, HYTA does not seal records when the defendant successfully completes probation. No conviction is entered onto the record and the case is dismissed. I explain this to my clients as a "second bite at the apple." It will appear as if the charges were dismissed, though the arrest record still exists.