CONTACT US TODAY

Please fill out the form and we will get back to you shortly.

How long do you have to wait to have your criminal record sealed?

How long before you can have your record expungedActual Innocence, DC Code 16-802:

If you are actually innocent of the crime for which you were arrested or charged, you may file a motion at any time.   However, if you wait more than four years after the prosecution was terminated, then you will have to provide more convincing evidence of your innocence


Not convicted, but either can’t prove innocence or aren’t innocent, DC Code § 16-803

For an eligible misdemeanor , you must wait at least 2 (two) years after the case is over before you can file your motion to seal.   For any other offense, then you have to wait at least 5 (five) years after the case is over before you can file your motion to seal.  


Convicted of an eligible misdemeanor, 16-803:

If you have an eligible misdemeanor conviction, you have to wait at least 10 (ten) years after you have completed your sentence before you can file your motion.  A sentence is complete when you have been unconditionally discharged from incarceration, probation, parole or supervised release – whichever is latest. In other words, you must wait for 10 years after you get “off papers” before you can file a motion to seal.


Convicted of an eligible felony, 16-803:

If you have conviction for felony BRA, you have to wait at least 10 (ten) years after you have completed your sentence before you can file your motion. (Remember, no other felony conviction is eligible for ).  A sentence is complete when you have been unconditionally discharged from incarceration, commitment, probation, parole or supervised release – whichever is latest. In other words, you must wait for 10 years after you get “off papers” before you can file a motion to seal


What is an ineligible misdemeanor? (See our Video)


    FINALLY REMEMBER:

You cannot file a motion to seal your records if you have a pending criminal case in any jurisdiction, other than cases for “minor offenses”*. If you have a pending case, you must wait until the case is over. Whether you can file to seal after that case is over will depend on whether you are convicted or not.  You cannot file a motion to seal your records if you were convicted of any crime, other than a “minor offense”*, in any jurisdiction after the arrest or conviction for which you are trying to seal your record. In other words, each time you have a conviction, allC. convictions or non-convictions that occurred before that last conviction are no longer eligible for sealing.