The opinion of the court was delivered by: BREWSTER
On November 1, 1970, the plaintiff, John Doe ("Doe"), then a minor, was arrested and charged for failure to pay a special tax on imported marijuana in violation of 26 U.S.C. § 4755(a)(1) (repealed). Doe pled guilty and the court ordered him to the custody of the Attorney General as a youthful offender under the Federal Youth Corrections Act ("FYCA"), 18 U.S.C. § 5010(e) (repealed). Doe was sentenced to three years probation.
Prior to the expiration of the three-year probation period, the court issued an order terminating Doe's probation. In 1973, a certification of vacation of conviction was filed and Doe's file was ordered sealed. Since that time, Doe has been neither arrested nor convicted of any crime.
Doe has worked for approximately 20 years in the auto sales industry. He worked his way up from car sales to finance and sales management. Because his career working in car dealerships demanded that he work 60 to 80 hours per week with little tolerance for family needs, after the birth of his third child and upon discovering that his oldest child suffered from Attention Deficit Disorder, Doe sought employment with a company that would allow him to spend more time with his wife and children. Having specialized in finance for the majority of his 20 years in the auto industry, Doe sought employment with a lender specializing in automobile finance. In December of 1995, he found a position with WFS Financial Inc. as a sales manager, bypassing the collections, servicing, and credit officer levels. Doe claims that, in most statistical categories, he leads in sales productivity within WFS Financial nationwide.
His progress with WFS, however, came to a halt when a routine FBI background check revealed his juvenile delinquency conviction. Federal law prohibits any person convicted of a crime involving dishonesty from working for a federally insured financial institution. 12 U.S.C. § 1829. Pursuant to that law, WFS has a policy to terminate all employees with any prior criminal conviction. After discussing the conviction with his supervisor, WFS agreed to reinstate Doe as long as he sought and received an expunction of his criminal record. WFS told him that if he does not receive an expunction, it will terminate his employment. On April 14, 1997, WFS placed Doe on indefinite leave pending the outcome of this matter.
Pursuant to his employer's request, on October 1, 1996, Doe file an ex parte motion, bearing the original criminal case number, to expunge the record of his November 1, 1970 arrest and conviction. The court declined to entertain the motion because the case had been long terminated. The court advised Doe that he should file a new civil action seeking declaratory or injunctive relief. On January 22, 1997, Doe filed the instant action naming the United States as the defendant and seeking the following relief:
(1) a declaration that Doe's arrest record and booking be expunged;
(2) the fingerprints, photographs, and palmprints taken during and following his arrest be returned to him;
(3) that the Clerk of Court destroy the records filed in his criminal case; and
(4) that his arrest on November 1, 1970 be deemed a nullity and that he be restored, in contemplation of the law, to the status he occupied before the arrest.
The defendant now moves this Court to dismiss the case for lack of subject matter jurisdiction, or in the ...