Expungement/sealing of criminal records in D.C.

The following has been updated to reflect D.C.’s new criminal record sealing and expungement act. The new law, which entered into force on March 1, 2025, attempts to simplify the process, thereby making it easier for people to move on from a criminal past.

Generally speaking, the “sealing” of a criminal record shields it from public view. The “expungement” of a criminal record restores the person to the position the person occupied before the arrest. In other words, it is almost as if the arrest never occurred.

As laid out in greater detail below, the new law provides for automatic expungement for decriminalized offenses and automatic sealing for non-convictions and convictions for less serious misdemeanors. The expungement or sealing of all other records only be accomplished through the filing of a motion.

AUTOMATIC EXPUNGEMENT AND SEALING

Automatic Expungement for Decriminalized Offenses

The statute reserves its most favorable treatment – expungement without the need to file a motion – for cases in which the underlying offense was subsequently decriminalized, legalized, or held to be unconstitutional.

This would apply, for example, to a marijuana conviction since the possession of a small amount of marijuana was decriminalized in 2014. And it would cover citations, arrests, charges, and convictions for decriminalized/legalized offenses.

No action is required for records qualifying for treatment under this section. D.C. courts have until October 2027 to automatically expunge these records. D.C. Code § 16-802.

Automatic Sealing of Non-Convictions and Convictions for Certain Misdemeanors

There are two categories of cases in which the sealing of a record is automatic; in other words, the party does not need to file a motion.

In the first category are all cases in which, for whatever reason, the charges were ultimately dismissed and the party was never convicted of a crime. This would include felonies as well as misdemeanors.

The second category includes misdemeanor convictions provided that (1) 10 years have elapsed since the sentence was completed and (2) the conviction was not for one of the offenses listed below:

Domestic violence/intra-family offense
Parental kidnapping
Abuse of a vulnerable adult/elderly person
Financial exploitation of vulnerable adult/elderly person
Refusal or neglect by guardian
Incest
Misdemeanor sexual abuse
Non-consensual pornography
Sexual performance using minors
Stalking
Sex offender
Dangerous offense
Crime of violence
Driving under the influence
Operating while impaired

All such cases will be sealed by January 1, 2027, or within 90 days after termination of the case, whichever is later. D.C. Code § 16-805.

EXPUNGEMENT/SEALING OF CRIMINAL RECORDS BY MOTION

The expungement or sealing of all other cases requires the filing of a motion.

Expungement of Criminal Records on Grounds of Actual Innocence

Where possible, expungement on the grounds of actual innocence provides the best method for clearing a criminal record. There is no waiting period for this type of motion; it can be filed immediately. Any type of offense – felony or misdemeanor – is eligible for relief under this section. Moreover, the effect of the expungement is to restore the person to the position the person occupied before the arrest.

This form of relief is also the most difficult to achieve. In order to prevail, for example, the person filing the motion must convince the court either that the offense for which the person was arrested did not occur or that the offense did occur but that it was someone else who committed it. In the case of simple assault or theft, for example, the person submitting the motion might include an affidavit of the alleged victim confirming that the crime never occurred. The standard of proof is a preponderance of the evidence (i.e., more likely than not) that the offense did not occur. D.C. Code § 16-803.

Sealing of Criminal Records by Motion

The sealing of all other cases, including convictions for ineligible misdemeanors and most felonies, requires the filing of a motion. There is a 5 year waiting period after the sentence has been completed for misdemeanor convictions and an 8 year waiting period for eligible felony convictions.

The burden is on the movant to establish by a preponderance of the evidence that it is in the interests of justice to seal the record. In making this determination, the court must consider the interests of the person filing the motion, the community’s interest in furthering the person’s rehabilitation, and the community’s interest in retaining access to the records. The court may also consider other factors, including (1) the nature and circumstances of the offense and the person’s role in the offense; (2) the person’s history and characteristics, including character, physical and mental condition, employment history and prior and subsequent conduct; and (3) the time that has elapsed since the offense. D.C. Code § 16-806.

Updated: March 3, 2025