Washington, D.C. law allows many people to clear or restrict access to their criminal records through expungement or sealing.

Under the Second Chance Amendment Act, which took effect on March 1, 2025, some criminal records qualify for automatic expungement or sealing. Other records can be expunged or sealed only after the person files a motion with D.C. Superior Court.

The type of relief available depends primarily on how the case ended, the offense involved, whether there was a conviction, and how much time has passed since completion of the sentence.

What is the difference between expungement and sealing in D.C.?

Expungement and sealing are not the same thing.

Expungement provides broader relief. Under D.C. law, the effect of expungement is to restore the person, in the contemplation of the law, to the status the person occupied before the citation, arrest, charge, or conviction. A person whose record has been expunged generally cannot be found guilty of perjury or making a false statement for failing to disclose the expunged matter in response to an inquiry.

Sealing generally prevents a criminal record from being publicly available while allowing certain courts, prosecutors, law-enforcement agencies, licensing agencies, and other authorized entities to retain access under circumstances specified by law.

As a practical matter, expungement is the more complete form of relief, but it is available in fewer circumstances.

What criminal records can be automatically expunged in D.C.?

D.C. Code § 16-802 provides for automatic expungement of criminal records involving an offense that was subsequently:

• decriminalized;
• legalized; or
• held unconstitutional by the D.C. Court of Appeals or the U.S. Supreme Court.

The statute also specifically covers records involving simple possession of marijuana in violation of D.C. Code § 48-904.01(d)(1) before February 15, 2015.

This relief can apply to citations, arrests, charges, and convictions.

A person generally does not need to file a motion to obtain relief under the automatic-expungement provision. Eligible records are scheduled to be expunged by October 1, 2027, or within 90 days after termination or final disposition of the case, whichever is later.

D.C. Code § 16-802.

What criminal records qualify for automatic sealing in D.C.?

D.C. law provides for automatic sealing in two major categories:

1. Cases that did not result in a conviction

In general, citations, arrests, and charges qualify for automatic sealing when the case was terminated without a conviction, unless the case involves one of the categories excluded by D.C. Code § 16-805(b).

The exclusion list includes certain:

• intrafamily offenses;
• offenses involving vulnerable or elderly adults;
• sexual offenses;
• stalking offenses;
• dangerous crimes;
• crimes of violence; and
• DUI and OWI offenses.

The precise statutory list should be consulted in determining whether a particular case qualifies.

2. Certain misdemeanor convictions

A misdemeanor conviction may also qualify for automatic sealing if:

1. at least 10 years have passed since completion of the sentence; and
2. the offense is not excluded from automatic sealing under D.C. Code § 16-805(b).

For purposes of the record-sealing statute, completion of the sentence generally means unconditional discharge from incarceration, commitment, probation, parole, or supervised release, whichever occurs last.

Eligible records are scheduled for automatic sealing by October 1, 2027, or within the applicable statutory period thereafter.

D.C. Code §§ 16-801, 16-805.

Do I have to wait until 2027 for automatic sealing?

Not necessarily.

Under the law currently in effect, a person with a non-conviction that is otherwise eligible for automatic sealing may file a motion for sealing before October 1, 2027 instead of waiting for the automatic process.

The person must demonstrate by a preponderance of the evidence that sealing the record is in the interests of justice.

This provision can be particularly important for someone who needs the record sealed sooner for employment, housing, education, professional licensing, or another reason.

D.C. Code § 16-806.

Expungement and Sealing by Motion

Some criminal records can be cleared before the automatic process takes effect. Other records do not qualify for automatic relief at all but may still qualify for expungement or sealing upon motion.

There are two important forms of relief.

Expungement on the grounds of actual innocence

A person whose case did not result in a conviction may seek expungement on the grounds of actual innocence.

Unlike many forms of record sealing, there is no waiting period. A motion based on actual innocence may be filed at any time.

To obtain expungement, the person must prove by a preponderance of the evidence that:

1. the offense did not occur; or
2. the offense occurred but was not committed by that person.

The fact that charges were dismissed — or that the person was acquitted — does not by itself establish actual innocence.

Evidence supporting an actual-innocence motion might include witness affidavits, video evidence, documentary evidence, physical evidence, or other information demonstrating that the alleged offense did not occur or was committed by someone else.

If the court grants the motion, the eligible records must be expunged within 90 days.

D.C. Code § 16-803.

Sealing a criminal record by motion

D.C. law also allows many criminal records to be sealed through a motion filed with D.C. Superior Court.

This procedure can apply to certain non-convictions that are excluded from automatic sealing as well as eligible misdemeanor and felony convictions.

For convictions, the general waiting periods are:

• Misdemeanor conviction: at least 5 years after completion of the sentence.
• Eligible felony conviction: at least 8 years after completion of the sentence.

Certain serious felony convictions are not eligible for sealing.

The prosecutor may waive the applicable waiting period in writing.

D.C. Code § 16-806.

What does the court consider when deciding whether to seal a record?

The person filing the motion has the burden of establishing by a preponderance of the evidence that sealing is in the interests of justice.

The court must weigh:

• the person’s interest in sealing the publicly available record;
• the community’s interest in the person’s rehabilitation and successful reintegration through employment, education, and housing; and
• the community’s interest in continued access to the record, including public-safety considerations.

The court may also consider factors such as:

• the nature and circumstances of the offense;
• the person’s role in the offense;
• the person’s character and history;
• employment history;
• conduct before and after the offense;
• criminal history;
• rehabilitation;
• the amount of time that has passed;
• any statement from the victim;
• the prosecutor’s position; and
• any other information the court considers relevant.

D.C. Code § 16-806.

How long does it take to seal or expunge a criminal record in D.C.?

The timing depends on the type of relief requested and whether the government contests the motion.

For motions seeking expungement based on actual innocence or discretionary sealing, the statute generally requires the court to issue a written decision within 180 days after the motion is filed, unless there is good cause for delay.

After a qualifying motion is granted, the applicable records generally must be expunged or sealed within 90 days.

Does dismissal of a criminal case automatically mean the record disappears?

No.

Dismissal of a criminal charge does not mean that the record of the arrest and prosecution immediately disappears.

The record may qualify for automatic sealing, but implementation of automatic sealing for many existing cases is not required until October 1, 2027.

Depending on the offense and circumstances, a person may be able to seek sealing before then by filing a motion. A person who can establish actual innocence may instead qualify for expungement under D.C. Code § 16-803.

Can felony convictions be sealed in D.C.?

Yes, some felony convictions can be sealed.

In general, an eligible felony conviction may be considered for sealing by motion after at least 8 years have passed since completion of the sentence.

However, the statute excludes certain serious felony offenses from eligibility. Determining whether a particular felony conviction qualifies therefore requires examining the specific offense and its classification under D.C. law.

Can a misdemeanor conviction be sealed in D.C.?

Yes.

There are potentially two routes.

Certain misdemeanor convictions qualify for automatic sealing after 10 years from completion of the sentence.

A person may also seek sealing by motion after 5 years from completion of the sentence, assuming the conviction is otherwise eligible. The person must establish that sealing is in the interests of justice.

What is the best way to clear a D.C. criminal record?

That depends on the circumstances.

A person whose arrest or prosecution resulted from an offense that did not occur, or that was committed by someone else, may qualify for expungement based on actual innocence.

A person whose case was dismissed but who cannot establish actual innocence may qualify for automatic sealing or sealing by motion.

People with misdemeanor or felony convictions may also qualify for sealing depending on the offense and the amount of time that has passed since completion of the sentence.

Because expungement and sealing have different eligibility requirements and different legal consequences, the first step is determining which form of relief applies to the particular criminal record.

Why hire Koehler Law for your D.C. expungement and record-sealing?

Focusing exclusively on D.C. Superior Court, Koehler Law has extensive experience and a proven track record representing people seeking to expunge or seal criminal records in Washington, D.C.

This includes motions for expungement based on actual innocence and motions seeking sealing in the interests of justice.

For assistance determining whether a D.C. arrest, criminal charge, or conviction is eligible for expungement or sealing, please contact Jamison Koehler at 202-549-2374.