Sealing or Expunging Criminal Records in DC FAQ
Menu
- 202-455-5610
Washington DC & MD Expungement lawyers
How do I get my criminal record expunged or sealed in the District of Columbia?
In the District of Columbia the vast majority of criminal records are sealed rather than expunged. Expungement is a complete erasure of the criminal record whereas sealing hides the record from the public. The process for sealing the criminal record in the District of Columbia requires the individual to file a motion with the Court, called a MOTION to seal. Detailed video on sealing.
Does it cost money to seal a criminal record in the District of Columbia?
No. There is no charge for filing a motion to seal in the District of Columbia. You take written motion to the clerk’s office on the 4th floor of DC Superior Court located at 500 Indiana Avenue, NW Washington, DC 20001 and file it with criminal clerk of the court.
Can I File for Expungement on my own in the District of Columbia?
Yes, You can file the motion to seal on your own. You are not required to hire a lawyer but an experienced criminal lawyer can help you with understanding the Sealing law in the District of Columbia.
Can you File for Expungement Online in the District of Columbia?
No you can not file online for sealing a criminal record in the District of Columbia. You must file your motion in person at DC Superior Court.
what does it mean to seat aside a conviction under the Youth Rehabilitaiton Act??
The Youth Rehabilitation Act (YRA) also provides an opportunity for individuals from 18-24 to have the conviction (felony or misdemeanor) “set aside” (sealed from public view) if the person satisfies the conditions of the Court. An individual 24 or younger , regardless of whether the youth offender was sentenced under YRA, may, after the completion of the sentence may file a motion to have the youth offender’s conviction set aside. The court may, in its discretion, set aside the conviction.
Why would I unseal a criminal Record?
A person may need to have a record unsealed for immigration purposes or for a compelling need. A record sealed under actual innocence may only be opened when a person shows a compelling need. Records sealed in the interest of justice shall be made available to
(1) To any court, prosecutor, or law enforcement agency for any lawful purpose, including:
(A) The investigation or prosecution of any offense;
(B) The determination of whether a person is eligible to have an arrest or conviction sealed or expunged;
(C) The determination of conditions of release for a subsequent arrest;
(D) The determination of whether a person has committed a second or subsequent offense for charging or sentencing purposes;
(E) Determining an appropriate sentence if the person is subsequently convicted of another crime; and
(F) Employment decisions.
(2) For use in civil litigation relating to the arrest or conviction;
(3) Upon order of the Court for good cause shown;
Is there a difference between expunging and sealing a criminal record in the District of Columbia?
Yes, in the District of Columbia there is a difference between sealing and expunging a criminal record. Expungement of a criminal record is only available to convictions of possession of narcotics offenses and misrepresentation of age. Sealing a criminal record is available to most misdemeanors in the District of Columbia and only one felony(bail reform act violation).
How do I seal a juvenile record in the District of Columbia
Juvenile records are already shielding from the Public. However, an individual with juvenile adjudication may also want to seal a juvenile record pursuant to DC Code § 16–2335. A motion to seal may be filed after the child has reached his majority; or two years have elapsed since the final discharge of the person from legal custody or supervision, or since the entry of any other Division order not involving custody or supervision; and the person has not been subsequently convicted of a crime, or adjudicated delinquent or in need of supervision prior to the filing of the motion, and no proceeding is pending seeking such conviction or adjudication. If the record is sealed under DC Code § 16–2335 All facts relating to the action including arrest, the filing of a petition, and the adjudication, filing, and disposition of the Division shall no longer exist as a matter of law.
What happens after court grants a motion to seal a criminal record ?
If you file a motion to seal in the interest of justice and it is granted the Court shall give the individual an order stating:
- you shall not be guilty of perjury or false statement by reason of failure to recite or acknowledge his or her arrest, charge, trial, or conviction in response to any inquiry made of him or her for any purpose.
- The Court shall order the Clerk to remove or eliminate all publicly available Court records that identify the movant as having been arrested, prosecuted, or convicted
- You must disclose the sealed arrest or conviction in response to any direct question asked in connection with jury service or in response to any direct question contained in any questionnaire or application for a position with any person, agency, organization, or entity:
(A) Any court;
(B) Any federal, state, or local prosecutor;
(C) Any law enforcement agency;
(D) Any licensing agency with respect to an offense that may disqualify a person from obtaining that license;
(E) Any licensed school, day care center, before or after school facility or other educational or child protection agency or facility;
(F) Any government employer or nominating or tenure commission with respect to:
(i) Employment of a judicial or quasi-judicial officer; or
(ii) Employment at a senior-level, executive-grade government position.
If you file a motion to seal under actual innocence the Court and it is granted the Court shall give the individual an order stating:
- you shall not be guilty of perjury or false statement by reason of failure to recite or acknowledge his or her arrest, charge, trial, or conviction in response to any inquiry made of him or her for any purpose.
- you shall be restored to the status he or she occupied before being arrested or charged.
- Order the Clerk to collect all Court records pertaining to the movant’s arrest, record, or conviction and cause to be purged any computerized record;
How long does it take to expunge/seal a criminal record in DC?
It can take anywhere from 90 to 180 days to expunge or seal a criminal record in the District of Columbia.
Can I expunge a Felony in DC?
The only felony conviction you can expunge is a bail reform act violation. You can seal felony arrest.