How long does it take to seal/expunge a criminal record?

April 1, 2019
expunging a criminal record

The process after filing normally takes four to six months after filing in D.C. This includes a 60-day period for the government to respond.

Can you seal/expunge a felony?

March 30, 2019
expunge felony in dc

The first option for sealing a felony arrest in D.C. would be to file a motion immediately on the grounds of actual innocence under D.C. Code § 16-802.  The second option would be to wait two years to file it under D.C. Code § 16-803. 

What happens when a criminal record is expunged or sealed?

March 29, 2019
expunged dc criminal record

The court will typically order all relevant prosecuting offices, law enforcement agencies, and pretrial, corrections or community supervision agencies to remove all publicly available records that the person was arrested, charged and/or convicted in the case.

On “skyscraper pages” and Google

March 28, 2019

Tyler tells me to be patient. A couple of months ago I complained about how my Google rankings have tanked, and Tyler Suchman – my website guy from Tribalcore– has been working with me to try to reverse the trend. 

The difference between expunging and sealing a criminal record

March 27, 2019
sealed criminal records

“Expungement” of a criminal record suggests that it is destroyed, thereby restoring the person to the position he/she occupied before the arrest. “Sealed” records still exist. They are just hidden from public view.

Can you get in trouble for sending dirty pictures of someone?

March 20, 2019
revenge porn legal issue

Yes.  Most jurisdictions now have some form of a law to deal with the issue of “nonsensual pornography” (also known as “revenge porn”). There are three forms of the criminal offense in Washington, D.C.

The difference between a leading and non-leading question

March 10, 2019

“What is your name?”  That is a non-leading question.  Compare that with “Your name is John Smith, isn’t it?” That would be leading.  It basically tells the witness what his answer should be. 

On the true meaning of “tragedy”

March 7, 2019

A man is charged with soliciting a prostitute.  He is a Lyft driver who, on the night in question, drops off a customer in D.C.  A female undercover officer approaches the car while he is pulled over.  What happens next is contested. 

Leaving After Colliding in D.C. requires proof of mens rea

March 1, 2019
Proving mens rea in DC

In Crawford v. D.C., the Court of Appeals confirmed that the Leaving After Colliding statute requires the government to prove mens rea.

Analyzing D.C.’s “Revenge Porn” Statute

February 28, 2019
revenge porn d.c.

In enacting the statute to criminalize the behavior commonly known as “revenge porn,” the D.C. City Council created “three separate offenses aimed at capturing the three primary forms of non-consensual pornography: (1) unlawful disclosure; (2) first degree unlawful publication; and (3) second degree unlawful publication.”