Washington DC & MD Expungement lawyers
Sealing an Arrest on the Grounds of Actual Innocence in DC
What does it mean to seal an arrest record on the grounds of actual innocence in the District of Columbia pursuant to DC Code 16-802?
To seal a record on the grounds of actual innocence means that you are asking the court to seal your criminal case because you should not have been arrested. In other words you were actually innocent of the charges. Remember “Not Guilty” is not the same as actually innocent. So even if you went to trial and won, that does not mean you can prove that you are innocent of the charges. Winning trial means that the Government could not prove you committed the crime beyond a reasonable doubt (the highest burden of proof in a Court. Innocent means that you can demonstrate the truth or existence of (something) to the Court. In other words that you can prove you did not commit the crime.
What is the Standard of Proof that you are required to prove your innocence?
Before 4 years of termination of prosecution, you must prove your innocence by a preponderance of the evidence. Preponderance of the evidence means more likely than not to be true. Its the lowest burdern of proof in a court of law.
After 4 years of termination of prosecution, you must prove by clear and convincing evidence. Clear and convincing means that the evidence is highly and substantially more likely to be true than untrue; the fact finder must be convinced that the contention is highly probable.
How do I prove my actual innocence in the District of Columbia pursuant to DC Code 16-802?
In order to prove your innocence in the District of Columbia pursuant to DC Code 16-802 you should be prepared to:
- Provide a sworn statement that you did not commit the crime
- Have witnesses that may substantiate your statement
- Provide any evidence to the Court to show that you did not commit the crime
We have handled hundreds of these types of cases over the years. 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.