D.C. Expungement Law
D.C. Expungement Attorneys
Having a criminal record in Washington, D.C. can present challenges when it comes to securing employment, accessing financial programs and loans, or finding suitable housing. You don’t have to struggle with these limitations indefinitely. Reach out to our team of experienced Washington D.C. expungement lawyers who specialize in helping individuals clear their records. If you meet the necessary requirements and wish to seal your record from public view, our dedicated expungement lawyers can guide you through the intricate process.
Washington D.C. laws provide a legal avenue for clearing your name of criminal records, but it’s a complex procedure that requires a comprehensive understanding of the D.C. Criminal Code and associated protocols. Consult with a skilled lawyer from our criminal defense practice group in Washington D.C. to discuss the unique details of your case and explore the best course of action for your situation.
Filing Motions
To determine the appropriate motion to be filed by your Washington, D.C. expungement lawyer, it is essential to identify the specific public record that you wish to have sealed. By understanding the nature of the record you seek to expunge, your lawyer can take the necessary steps to initiate the appropriate legal process.
Criminal Convictions
Even if you have a criminal conviction on your record, there may still be a possibility to have it sealed. In such cases, you can file an Interests of Justice motion, but it’s important to consider various details regarding the conviction and your criminal history. Factors such as eligibility requirements and waiting periods can significantly impact the expungement process.
For a basic overview of your expungement options, refer to the chart below. To explore the specific expungement laws in the District of Columbia and discover the options that may be available to you, we encourage you to contact a Washington, D.C. expungement lawyer from our firm.
Types of Motions
- Actual Innocence Motions
Even if you have a criminal conviction, there may be a possibility to have your record sealed. To determine the appropriate course of action, it is crucial to understand the type of public record you seek to have sealed. Factors such as the nature of the conviction and your criminal history can impact eligibility and waiting periods for expungement.
For a comprehensive understanding of expungement laws in the District of Columbia and to explore the options available to you, we recommend consulting with a skilled D.C. expungement lawyer from our firm. They can provide personalized guidance based on the specifics of your case. Contact us today to learn more about the expungement process and how we can assist you.
- Interests of Justice Motions
In contrast, Interests of Justice expungement motions offer more flexibility as they provide the opportunity to have a conviction expunged from your record based on specific criteria. Please refer to the details below to understand the conditions that must be met for eligibility.
Eligible Misdemeanors
An “eligible misdemeanor” refers to any misdemeanor that is not included in the list of misdemeanors that are ineligible for expungement. If you have been convicted of an eligible misdemeanor and do not have any convictions for ineligible misdemeanors or felonies, you have the option to file a motion with the court to seal the records for that conviction. However, there is a waiting period of eight years from the completion of the sentence before you can file for expungement under the interests of justice. This waiting period requirement is outlined in D.C. Code § 16-803(c)(1).
In the case where you were arrested and/or charged with an eligible misdemeanor, but the case was terminated without a conviction, a waiting period of two years from the termination of the case must pass before you can file for expungement under the interests of justice. This waiting period requirement is stated in D.C. Code § 16-803(a)(1)(A).
Ineligible Misdemeanors and Felonies
Except for a Failure to Appear felony charge under D.C. Code § 23-1327, all felonies are generally considered more serious than misdemeanors and require a longer waiting period before you can file a motion for expungement under the interests of justice. Additionally, there are certain misdemeanors known as “ineligible misdemeanors” that also fall under this extended waiting period.
Convictions and Expungement
If you have been convicted of an ineligible misdemeanor or a felony, that specific case will never be eligible for expungement. Furthermore, having such a conviction will prevent the sealing of any other case resulting in a conviction, regardless of the charges involved in the other case.
Moreover, having a felony or ineligible misdemeanor conviction will extend the waiting period required before you can file a motion to seal records in the interests of justice for other cases where there was no conviction. For charges that did not result in a conviction, you must wait five years from the completion of your sentence for an ineligible misdemeanor conviction, or ten years from the completion of your sentence for a felony conviction before filing a motion for expungement. This is specified in D.C. Code § 16-803(a)(2)(A)-(B) and D.C. Code § 16-803(b)(2)(A)-(B).
Arrests and Expungement
If you were arrested for an ineligible misdemeanor or a felony, but the charges were never filed by the prosecution, you must wait for a period of three years from the termination of the case before you can file for expungement in the interests of justice. This requirement is outlined in D.C. Code § 16-803(b)(1)(A).
Similarly, if you were arrested and charged with an ineligible misdemeanor or a felony, but the case was terminated without a conviction, you must wait for a period of four years from the termination of the case before you can file for expungement in the interests of justice, as stated in D.C. Code § 16-803(b)(1)(A).
In cases involving ineligible misdemeanors or felonies, the responsibility will lie with you to establish, based on a preponderance of the evidence, that it is in the interests of justice to seal your record, as specified in D.C. Code § 16-803(i)(2).
How We Can Help
If you are considering pursuing an expungement that could have a significant impact on your future, we encourage you to reach out to our skilled D.C. expungement attorneys. Our legal team is ready to assist you and provide a free initial consultation to discuss your options.