News & Insights

Okay, so you’re thinking about clearing your criminal record in Washington, DC. Maybe a past mistake is holding you back from a job, housing, or just a fresh start. You’re not alone, and the good news is that DC has made significant strides in recent years to offer second chances. As a DC expungement lawyer, we at Monument Legal get it. Navigating the legal system can feel overwhelming. That’s why we’ve put together this guide to explain the expungement and sealing process in DC, especially with the game-changing Second Chance Amendment Act.

Why Expungement/Sealing Matters

Let’s be real: a criminal record can be a serious burden. It can pop up on background checks, impacting your ability to get a job, rent an apartment, or even volunteer at your kid’s school. Sealing or expunging your record essentially gives you a clean slate, allowing you to truthfully say you’ve never been arrested or convicted of certain offenses (with some very specific exceptions).

The Difference Between Expungement and Sealing

While people often use these terms interchangeably, they are different in DC:

• Expungement: This is the gold standard. If your record is expunged, it’s essentially destroyed. It’s as if the arrest or charge never happened. This is harder to get than sealing.
• Sealing: Sealing a record hides it from public view. It still exists, but most employers and the general public can’t access it. Law enforcement and certain licensing agencies may still be able to see it under specific circumstances.

The DC Second Chance Amendment Act: A New Era

In March [2025], the District of Columbia’s Second Chance Amendment Act brought significant changes to who qualifies for record sealing and how the process works. The most important aspect of the act is the introduction of automatic sealing under certain circumstances. Let’s break down the key parts:

Expungement Based on Actual Innocence (§ 16-803)

This section allows for expungement if you can prove you were actually innocent of the crime you were accused of. This isn’t just about getting a case dismissed; you have to show, by a “preponderance of the evidence,” that:

• The offense didn’t happen, or
• You didn’t commit the offense.

How it Works:

• File a Motion: You or your attorney will file a written motion with the court, explaining why you’re eligible for expungement and providing facts to support your claim.
• Serve the Prosecutor: A copy of the motion must be served on the prosecutor.
• Court Review: The court will review the motion and can dismiss it if it’s clear you don’t qualify. Otherwise, the court may order the prosecutor to respond and may schedule a hearing.
• Hearing (if necessary): At the hearing, you can present evidence and witnesses to support your claim of innocence. Hearsay evidence is allowed.
• Court Order: The court will issue a written order granting or denying the motion, usually within 180 days.

Example: Let’s say you were arrested for assault in Washington, DC, but it was a case of mistaken identity. The charges were dropped, but the arrest record is still out there. If you can provide solid evidence – like surveillance footage showing you were somewhere else at the time – you might be able to get the arrest expunged under this section.

Sealing Criminal Records by Motion (§ 16-803)

This is where the Second Chance Amendment Act really shines. It outlines the process for sealing various types of criminal records. There are a few categories:

• Non-Convictions: If you were arrested or charged with a crime, but the case was dismissed or you were acquitted, you can file a motion to have those records sealed. Certain offenses listed in § 16-805(b) are not eligible for sealing under this provision unless you can demonstrate it is in the interests of justice to seal the records.
• Fugitive from Justice: If you were arrested in DC as a fugitive from another jurisdiction, and the case was terminated, you can file a motion to seal those records, provided you demonstrate that you have appeared before the proper official in the jurisdiction from which you were a fugitive, and it is in the interests of justice to seal the records.
• Convictions: This is the big one. You can now seal certain convictions after a waiting period:
  • Misdemeanors: 5 years after completing your sentence
  • Felonies: 8 years after completing your sentence

Important Exceptions: Certain serious felonies are not eligible for sealing, a DC expungement lawyer will help you identify these.

The “Interests of Justice” Standard

For convictions, and for non-convictions involving offenses listed in § 16-805(b), the court will consider whether sealing your record is “in the interests of justice.” This means the court will weigh:

• Your interest in sealing your record
• The community’s interest in your rehabilitation and reintegration into society
• The community’s interest in retaining access to the records (e.g., for employer background checks, public safety)

The court can also consider factors like:

• The nature and circumstances of the offense
• Your role in the offense
• Your history and characteristics (employment, substance abuse, criminal history, rehabilitation efforts, etc.)
• The time that has passed since the offense
• Any statement from the victim
• The prosecutor’s position

Example: Let’s say you have a DC DUI conviction from 10 years ago. You’ve completed your sentence, maintained a clean record since then, and have been actively involved in your community. You want to seal the DC DUI conviction so it doesn’t prevent you from getting a better job. The court would weigh your interest in moving forward with your life against the public’s interest in knowing about your past DUI. If you can show that you’ve turned your life around and are now a responsible member of society, the court might find that sealing your record is in the “interests of justice.”

Example: What about a Washington DC firearm conviction? Depending on the specifics, a firearm conviction could be eligible for sealing after the 8-year waiting period, assuming it’s not in one of the excluded Offense Severity Groups. Again, the “interests of justice” standard would apply, and the court would consider factors like your rehabilitation efforts and the circumstances of the offense.

How to File a Motion to Seal

1. Gather Information: You’ll need to provide information about all of your unsealed and unexpunged arrests, charges, and convictions.
2. Draft the Motion: The motion must state the grounds for eligibility and the facts supporting your claim. It can also include supporting documents like employment records, letters of recommendation, and certificates of completion from rehabilitation programs.
3. Serve the Prosecutor: As with expungement, the prosecutor must be served with a copy of the motion.
4. Court Review and Hearing: The court will review the motion and may order a response from the prosecutor. A hearing may be scheduled.
5. Court Order: The court will issue a written order granting or denying the motion, usually within 180 days.

Automatic Sealing (§ 16-805)

This is perhaps the most groundbreaking part of the Second Chance Amendment Act. It mandates automatic sealing of certain criminal records, without the need to file a motion.

Eligibility:

• You were arrested or charged with a misdemeanor or felony, and
• The case was dismissed or you were acquitted, and
• A certain waiting period has passed (2 years for most misdemeanors, 3 years for most felonies).

Exceptions:

As with sealing by motion, certain offenses are excluded from automatic sealing. You are not eligible if you have a pending criminal case.

Important Note: Even though sealing is automatic, it may not happen immediately. It’s still a good idea to check your criminal record to ensure that eligible cases have been sealed.

What Happens After Sealing? (§ 16-807)

Once your records are sealed, they are removed from public view. You can generally deny ever being arrested or convicted of the offense. However, there are some exceptions:

• Law enforcement and certain government agencies can still access the records for specific purposes (e.g., investigating other crimes, determining eligibility for certain programs).
• If you are applying for certain jobs that require a high level of security clearance, the employer may be able to access your sealed records.
• Sealed records can be used in civil litigation related to the original arrest or charge.

Working with a DC Expungement Lawyer

While the Second Chance Amendment Act has made it easier to clear your record, the process can still be complex. A Washington DC expungement lawyer can help you:

• Determine your eligibility for expungement or sealing
• Gather the necessary documents and information
• Draft and file the required motions
• Represent you in court
• Navigate the appeals process if your motion is denied

At Monument Legal, we understand the impact a criminal record can have on your life. We are dedicated to helping you get a fresh start. We can assess your situation, explain your options, and guide you through the expungement or sealing process.

The Process: From Start to Finish

1. Initial Consultation: We’ll discuss your case, review your criminal record, and determine the best course of action.
2. Information Gathering: We’ll help you gather the necessary documents and information to support your application.
3. Motion Preparation: We’ll draft a compelling motion that highlights your eligibility for expungement or sealing.
4. Filing and Service: We’ll file the motion with the court and serve it on the prosecutor.
5. Court Appearances: We’ll represent you at any necessary court hearings.
6. Follow-Up: If your motion is granted, we’ll ensure that your records are properly expunged or sealed.

Don’t let a past mistake define your future. Contact Monument Legal today for a consultation. Let us help you navigate the DC expungement and sealing process and get you on the path to a brighter tomorrow.