Dealing with the crazies in C10

D.C. criminal defense attorney

With almost 100 people making their way through arraignment court every day, it is inevitable that there will be a melt-down or two. After all, we are dealing with people who are finishing what for many of them will be the worst day of their lives.

Expunge your criminal record in D.C.: actual innocence

Expunge records on grounds of innocence

The fastest and most effective way to remove an arrest from your criminal record is to file a motion alleging actual innocence under D.C. Code §16-802.

Open season on police officers?

D.C. criminal defense attorney

According to a plain reading of D.C.’s new resisting arrest statute, you can lawfully resist your own Terry stop.

Will expunged record show up in an FBI background check?

D.C. criminal defense lawyer

In most cases, the FBI will – as a courtesy – comply with a state court’s order to remove a criminal record from the National Crime Information Center (NCIC).

Can I expunge a criminal record for simple assault?

A criminal record for simple assault in D.C. can be sealed either immediately on the grounds of actual innocence or after two years in the interests of justice.  A conviction for simple assault can be sealed after eight years…. Read More

Will I have a criminal record after being arrested for prostitution in D.C.?

D.C. criminal defense lawyer

Everyone who has been arrested for a criminal offense in Washington, D.C. has some type of criminal record.  This would include being arrested for prostitution/sexual solicitation. 

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

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?

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?

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.

The difference between expunging and sealing a criminal record

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.