seal your Criminal record in the interest of justice pursuant
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Washington DC & MD Expungement lawyers
What does it mean to seal your Criminal record in the interest of justice pursuant to DC Code 16-803?
There are a few ways to seal your criminal record. You can file a motion pursuant to actual innocence to seal you criminal record. However, if you can not file motion to seal because you were not innocent of the charges you can file a motion in the interest of justice. Essentially, you are telling the Court that your criminal record should be sealed because it is in society’s interest to seal your record. You have made strides since the occurrence and you do not want the criminal record to impact your future with employment etc. Unlike actual innocence you have to wait the required statutory period which is either 2, 3 , 4, or 8 years depending on the underlining criminal offense.
What are the factors The Court looks at to determine whether to grant my motion to seal in the interest of justice?
The Court looks at the following factors to determine whether to grant your motion to seal.
- The nature and circumstances of the offense at issue;
- Your role in the offense or alleged offense and, in cases terminated without conviction, the weight of the evidence against the person;
- Your history and characteristics
- Your Physical and mental condition;
- Your Employment history;
- Your Prior and subsequent conduct;
- History relating to drug or alcohol abuse or dependence and treatment opportunities;
- Criminal history; and
- Efforts at rehabilitation;
- The number of the arrests or convictions that are the subject of the motion;
- The time that has elapsed since the arrests or convictions that are the subject of the motion
- Whether the movant has previously obtained sealing or comparable relief under this section or any other provision of law other than by reason of actual innocence; and
- Any statement made by the victim of the offense
How Long does it Seal to Your Criminal Record in the District of Columbia?
This is a hard question to answer because it differs from Judge to Judge. We have been doing this awhile and the resolution has been anywhere from 90-160 days from the date of filing.
Should I hire a Lawyer to do my Motion to Seal in the Interest of Justice?
If you have time and do not mind doing a little research and writing than you could conceivable do it yourself. We make the process simple. All you have to do is fill out this form by clicking here. After you fill out the form we will send you an engagement letter for legal services. Once payment is made we usually file your motion within 24 hours.