Can I expunge or seal my DC DUI after I completed diversion

As you may recall from an earlier blog you can not seal your DUI conviction.  The law prohibits sealing of a DUI conviction pursuant to DC Code 16-803.   You may be able to seal your deferred sentencing DUI arrest.    The Office of Attorney General prosecutes DUI in the District of Columbia.  They generally have one kind of diversion – the deferred sentencing agreement.

new diversion in dcDeferred Sentencing Agreement(DSA)

The DSA requires you to plead guilty to the DUI, and thereafter complete several tasks (ie. Traffic Alcohol Program, fine etc) and then come back in 1 year and they will allow you to withdraw your guilty plea.    The agreement also states that you agree

This agreement and/or the defendant’s statements relating to this agreement may be used against the defendant by the government: (I) for impeachment purposes at trial in the above-captioned case; (2) in response to a motion to seal criminal records pursuant to D.C. Code§ 16-801 et seq.; or (3) in response to any civil suit the defendant may file against the District of Columbia arising out of this incident.”

So you have agreed that the statements you make in reference to this case can be used against you when you seek to seal the arrest.

You must wait 4 years before your file motion to seal pursuant to DC Code § 16-803

In order to qualify to request a motion to seal a period of 4 years must have passed since termination of the DSA.

“(A) A waiting period of at least 4 years has elapsed since the termination of the case or, if the case was terminated before charging by the prosecution, a waiting period of at least 3 years has elapsed since the termination of the case; and…”

The Motion to Seal must be in the interest of justice

The motion to seal is not automatic.  In your motion you must show that it is in the interest of justice to seal the arrest.  For example, the arrest is impacting my career.  A list of factors the court looks at:

(A) The interests of the movant in sealing the publicly available records of his or her arrest, related court proceedings, or conviction;

(B) The community’s interest in retaining access to those records, including the interest of current or prospective employers in making fully informed hiring or job assignment decisions and the interest in promoting public safety; and

(C) The community’s interest in furthering the movant’s rehabilitation and enhancing the movant’s employability.

(2) In making this determination, the Court may consider:

(A) The nature and circumstances of the offense at issue;

(B) The movant’s role in the offense or alleged offense and, in cases terminated without conviction, the weight of the evidence against the person;

(C) The history and characteristics of the movant, including the movant’s:

(i) Character;

(ii) Physical and mental condition;

(iii) Employment history;

(iv) Prior and subsequent conduct;

(v) History relating to drug or alcohol abuse or dependence and treatment opportunities;

(vi) Criminal history; and

(vii) Efforts at rehabilitation;

More Questions

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