Persons Entitled To Have A Record Expunged Or Sealed

PERSONS ENTITLED TO HAVE A RECORD EXPUNGED OR SEALED are limited to those who fit into one of the four categories below:

  • (1) Persons who can prove that the crime for which they were arrested and prosecuted (but not convicted) never occurred or that they did not commit the crime; or
  • (2) Persons who can show that the crime charged (for which they were not convicted) was an eligible misdemeanor (not one of more than 30 ineligible misdemeanors), more than two years have passed since the case was terminated, and the person applying for expungement had no disqualifying arrest or convictions in the two-year period; or
  • (3) Persons convicted of an eligible misdemeanor or an eligible felony (violation of the Bail Reform Act is the only eligible felony) under the District of Columbia Code or the District of Columbia Municipal Regulations more than 10 years prior to an application to seal the records and who did not incur a disqualifying arrest or conviction in the 10-year period.

[A conviction is defined in§ 16-801 as a judgment or sentence based on a verdict or finding of guilty, a plea of guilty or a no-contest [nolo contendere] plea, or a plea or verdict of not guilty by reason of insanity.]

PROCEDURE FOR SEALING (EXPUNGING/CLEARING/CLOSING) A RECORD.
The person (known as the “movant”) seeking to have the record sealed files a motion with the Clerk of the Superior Court. Movants under category (1) above file their motions seeking to seal all of the records of the arrest and related court proceedings on the grounds of actual innocence. All other movants (2-4 above) file their motions seeking to seal publicly available records of the arrest and related court proceedings. Because this can be an adversarial process, given the prosecutor’s office right to oppose the motion, legal assistance is advised.

The Superior Court grants motions to seal, for persons qualifying under (1) above, if the movant can prove his or her actual innocence by showing that either the crime never occurred or that the movant did not commit it if it did occur. The Superior Court grants motions to seal for persons qualifying under (2)-(4) above, if it is in the interests of justice to do so. In so deciding, the Superior Court weighs various considerations, including the interest of the movant and his/her rehabilitation, the nature of the offense and the movant’s role therein, the community’s interest in retaining access to the records, etc. Anyone desiring to expunge or seal a criminal record should contact us by telephone at (202) 683-4141 or by completing the inquiry notice on the contact page of this website.

The only felony conviction that is EVER eligible for expungement is a violation of the Bail Reform Act (BRA).

The following is a list of ineligible misdemeanors, under D.C. Code §§ 16-801, 802.

  • 1. An intrafamily offense, as defined in § 16-1001(5) [now § 16-1001(6)];
  • 2. Driving while intoxicated, driving under the influence, and operating while impaired (§ 50-2201.05);
  • 3. A misdemeanor offense for which sex offender registration is required pursuant to Chapter 40 of Title 22, whether or not the registration period has expired;
  • 4. Criminal abuse of a vulnerable adult (§ 22-936(a));
  • 5. Interfering with access to a medical facility (§ 22-1314.02);
  • 6. Possession of a pistol by a convicted felon (§ 22-4503(a)(2));
  • 7. Failure to report child abuse (§ 4-1321.07);
  • 8. Refusal or neglect of guardian to provide for child under 14 years of age (§ 22-1102);
  • 9. Disorderly conduct (peeping tom) (§ 22-1321);
  • 10. Misdemeanor sexual abuse (§ 22-3006);
  • 11. Violating the Sex Offender Registration Act (§ 22-4015);
  • 12. Violating child labor laws (§§ 32-201 through 22-224) [§§ 32-201 through 32-224];
  • 13. Election/Petition fraud (§ 1-1001.08);
  • 14. Public assistance fraud (§§ 4-218.01 through 4-218.05);
  • 15. Trademark counterfeiting (§ 22-902(b)(1));
  • 16. Attempted trademark counterfeiting (§§ 22-1803, 22-902);
  • 17. Fraud in the second degree (§ 22-3222(b)(2));
  • 18. Attempted fraud (§§ 22-1803, 22-3222);
  • 19. Credit card fraud (§ 22-3223(d)(2));
  • 20. Attempted credit card fraud (§ 22-1803, 22-223) [§§ 22-1803, 22-3223];
  • 21. Misdemeanor insurance fraud (§ 22-3225.03a);
  • 22. Attempted insurance fraud (§§ 22-1803, 22-3225.02, 22-3225.03);
  • 23. Telephone fraud (§§ 22-3226.06, 22-3226.10(3));
  • 24. Attempted telephone fraud (§§ 22-1803, 22-3226.06, 22-3226.10);
  • 25. Identity theft, second degree (§§ 22-3227.02, 22-3227.03(b));
  • 26. Attempted theft (§§ 22-1803, 22-3227.02, 22-3227.03);
  • 27. Fraudulent statements or failure to make statements to employee (§ 47-4104);
  • 28. Fraudulent withholding information or failure to supply information to employer (§ 47-4105);
  • 29. Fraud and false statements (§ 47-4106);
  • 30. False statement/dealer certificate (§ 50-1501.04(a)(3));
  • 31. False information/registration (§ 50-501.04(a)(3)) [§ 50-1501.04(a)(3)];
  • 32. No school bus driver's license (18 DCMR § 1305.1);
  • 33. False statement on Department of Motor Vehicles document (18 DCMR § 1104.1);
  • 34. No permit - secondor greater offense (§ 50-1401.01(d));
  • 35. Altered title (18 DCMR § 1104.3);
  • 36. Altered registration (18 DCMR § 1104.4);
  • 37. No commercial driver's license (§ 50-405);
  • 38. A violation of building and housing code regulations;
  • 39. A violation of the Public Utility Commission regulations; and,
  • 40. Attempt or conspiracy to commit any of the foregoing offenses (§§ 22-1803, 22-1805a).