Sealing Your Arrest Record After Diversion

 

How can I seal my arrest record after diversion?

After you finished diversion you may want to seal your arrest record.  If you entered a standard diversion agreement with the United States Attorneys office with the District of Columbia such as Deferred Prosecution Agreement or Deferred Sentencing Agreement, will you still have a criminal record upon the completion of the record?  The answer is not so simple.   You will not have a criminal conviction.  You will have an arrest record.  Read our blog on sealing arrest records in DC.   

Criminal Conviction Definition

The outcome of criminal prosecution which concludes that you are guilty of the crime charged

Arrest Record

Arrest record is a record in a law enforcement or public database  that contains your name, the date of your arrest, the charges for which you were arrested, personal information such as your date of birth and, sometimes, a set of your fingerprints.  If you completed DPA or DSA you will have an arrest record with the disposition indicating a “nolle” or dismissal of the charges.

How do you seal your arrest record if you completed the DPA or DSA in DC Superior Court.

In order to qualify to have your arrest sealed you must comply with District of Columbia Code 16-803.  Specifically, you have to wait at least 2 years since the termination of the case, meaning 2 years since the DPA or DSA finished.   You file a motion with Criminal Clerk of the Criminal Division of DC Superior Court.  There is no filing fee.   It can take anywhere from 90 days to 6 months for the court to conclude the process.

How much does it cost for an attorney to file the motion to seal?

Obviously the cost fluctuates from law firm to law firm.  We try to keep the price reasonable for most working people.  The public defender service offers a packet of information as well.

Do I have to go to Court for the motion?

It is extreme rare for the Court to set a hearing on a motion to expunge pursuant to D.C. Code 16-803.

If you have any questions on whether you qualify for an expungement give us a call.

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