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