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.
When are police required to read you your rights? The answer actually is never. That is, not unless the suspect is in custody and is being subjected to interrogation (hence the term “custodial interrogation”) and only then if police want to use the statements against him in court.
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One of the questions I often get in connection with the sealing of a criminal record in D.C. is this: What must the person disclose about his or her record after that record has been successfully sealed? The… Read More