Convicted of a Felony at Age 24 or under – New Relief

Mark RollinsCriminal Law

Convicted of a Felony at Age 24 or under - New Relief

 

Convicted of a Felony at Age 24 or under?  There is new relief.  The District of Columbia legislature recently passed a New Youth Rehabilitation Act law that now allows an individual to set aside the conviction as long as the individual was 24 or younger. Essentially that means you will not have a conviction if the Court grants your request.  This is different than sealing your criminal record.

Who is Eligible to have record Sealed?

Any person who was 24 years of age or younger at the time that the crime was committed. The exclusion: committed a crime other than murder, first degree murder that constitutes an act of terrorism, second degree murder that constitutes an act of terrorism, first degree sexual abuse, second degree sexual abuse, and first degree child sexual abuse.

What do I have to Prove in order to get my record Sealed?

In order to get your record sealed under this Act, you must prove by written motion to the Court:

(A) you were 24 or younger at the time of the crime; “(B) The nature of the offense, including the extent of the youth offender’s role in the offense and whether and to what extent an adult was involved in the offense (C) Whether the youth offender was previously sentenced under this subchapter; (D) The youth offender’s compliance with the rules of the facility to which the youth offender has been committed, and with supervision and pretrial release, if applicable; (E) The youth offender’s current participation in rehabilitative District programs; (F) The youth offender’s previous contacts with the juvenile and criminal justice systems;(G) The youth offender’s family and community circumstances at the time of the offense, including any history of abuse, trauma, or involvement in the child welfare system; (H) The youth offender’s ability to appreciate the risks and consequences of the youth offender’s conduct; (I) Any reports of physical, mental, or psychiatric examinations of the youth offender conducted by licensed health care professionals; (J) The youth offender’s use of controlled substances that are unlawful under District law; (K) The youth offender’s capacity for rehabilitation; (L) Any oral or written statement provided pursuant to § 23-1904 or 18 U.S.C. § 3771 by a victim of the offense, or by a family member of the victim: if the victim is deceased; and(M) Any other information the court deems relevant to its decision.”

I was sentenced years ago Am I still eligible?

Pursuant to DC Code § 24–906 (e-1)(1) an individual may file a motion with the Court at any time even if you served substantial jail time. However, the Court will apply the factors above to determine whether you should be granted this request.

Will I have to do Anything Else?

Yes, the Court is required to impose at least 90 hours of community service unless good cause is shown.

How do I go about getting this done?

Contact a good criminal defense lawyer: Rollins and Chan Law Firm