In the limited circumstances in which this is necessary, DC Code §16-806 provides for the unsealing of a criminal record that has previously been expunged/sealed.
In a cynical attempt to elicit the court’s sympathy, the government blames Covid-19 for its delays in responding to motions to seal criminal records. Bureaucratic incompetence is the true culprit.
Use of the phrase “expungement of a criminal record” suggests that the record in question is truly erased/obliterated such that it no longer exists. Whether this actually happens – both practically-speaking and from a legal standpoint – is a bit more complicated.
Because of the Covid-19 pandemic, the time between March 18 and November 9, 2020 will be “tolled.” In other words, it will not count when calculating whether a defendant’s speedy trial rights have been violated.
Offenses that have been decriminalized (for example, the possession of a small amount of marijuana) present one of the most promising options for sealing or expunging a criminal record in Washington, D.C.
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