News & Insights

Alright, let’s talk about getting a second chance in DC. You made a mistake, paid your dues, and now you’re ready to move on. But that old criminal record keeps popping up like an unwanted guest. The good news? In DC, you might be able to seal your record, and that can make a HUGE difference. We’re not just talking about feeling better; we’re talking about real, tangible benefits that can change your life.

What Does “Sealed” Really Mean?

Think of sealing your record like putting it in a vault. The public can’t see it. Most employers doing background checks won’t find it. Landlords won’t see it. It’s basically hidden from everyday view. Now, it’s not completely gone. Law enforcement and certain licensing agencies can still access it under specific circumstances. But for most people, sealing your record is the next best thing to expungement (which is even better, but harder to get).

The DC Second Chance Amendment Act: Your Ticket to a Fresh Start

Thanks to the DC Second Chance Amendment Act, it’s now easier than ever to seal your criminal record. Here’s the deal:

• Automatic Sealing: For some arrests and charges that didn’t result in a conviction, sealing happens automatically after a waiting period. No need to even file a motion!
• Sealing by Motion: For convictions, you can file a motion to have your record sealed after a certain amount of time has passed.

So, What Are the Actual Benefits?

Okay, let’s get down to the good stuff. How will sealing your record actually improve your life?

Job Opportunities Galore!

This is the big one for most people. That old criminal record can be a major obstacle when you’re trying to get a job. Employers often run background checks, and even a minor offense can raise red flags. With a sealed record, you can truthfully answer “no” to questions about whether you’ve ever been arrested or convicted of a crime (with some exceptions, of course – more on that later). This opens doors to jobs you might have thought were out of reach.

Real-World Example: Let’s say you have a DC DUI conviction from several years ago. You’ve completed all the requirements, stayed clean and sober, and now you’re trying to get a job driving a delivery truck. Without a sealed record, that DUI will likely disqualify you. But with a sealed record, you have a much better chance of getting the job.

Housing Freedom!

Finding a decent place to live in DC is tough enough without a criminal record working against you. Landlords often run background checks, and a past conviction can make it difficult to get approved for an apartment. Sealing your record removes that barrier, giving you a fair shot at finding a safe and affordable place to live.

Real-World Example: Imagine you were arrested for a misdemeanor drug offense in college. The charges were eventually dropped, but the arrest record still shows up on background checks. You’re now applying for an apartment in a competitive neighborhood. Sealing that old arrest record could be the difference between getting approved and being rejected.

Education Dreams, Reached!

Want to go back to school or pursue a professional license? A criminal record can make it harder to get accepted into programs or licensed in certain professions. Sealing your record can smooth the way, allowing you to pursue your educational and career goals without the stigma of your past.

Real-World Example: What about a Washington DC firearm conviction? It could make it difficult to get licensed as a security guard or even to volunteer at your child’s school. Sealing the record can remove those obstacles. However, a lot of jobs require background checks and any record will be seen even if its sealed. Jobs in the legal field require very extensive background checks.

Peace of Mind!

This one is harder to quantify, but it’s just as important as the others. Living with a criminal record hanging over your head can be stressful and anxiety-inducing. You might worry about it popping up unexpectedly or affecting your relationships. Sealing your record can bring a sense of closure and peace of mind, allowing you to move forward with confidence and leave the past behind. You will no longer be haunted by a mistake that happened in the past.

Volunteer Opportunities Abound!

Want to volunteer at a local charity, coach a youth sports team, or get involved in your community? Many volunteer organizations require background checks, and a criminal record can prevent you from participating. Sealing your record opens up opportunities to give back to your community and make a positive impact.

Important Considerations Before You Get Too Excited About Expungement in DC

Okay, so sealing your record sounds amazing, right? It is! But there are a few things to keep in mind:

• Eligibility: Not everyone is eligible to have their record sealed. There are waiting periods and certain offenses that can’t be sealed.
• “Interests of Justice”: For some offenses, the court will consider whether sealing your record is “in the interests of justice.” This means they’ll weigh your rehabilitation efforts against the public’s interest in knowing about your past.
• Exceptions: Even with a sealed record, certain agencies (like law enforcement) can still access it under certain circumstances. Also, you generally have to disclose sealed records if you’re applying for a job in law enforcement.
• It’s Not Expungement: Remember, sealing is not the same as expungement. Expungement is like the record never existed. Sealing just hides it from public view.
• The law is always changing. The Second Chance Amendment Act is new, and there are tons of moving parts.

How to Get Started with a DC Expungement Lawyer

If you’re ready to explore the possibility of sealing your criminal record, here are your next steps:

1. Check Your Eligibility: The first step is to determine if you meet the requirements for sealing. You can review the DC statutes (§ 16-804, § 16-806) or talk to an attorney.
2. Gather Your Information: Collect any documents related to your arrest or conviction, such as court orders, charging documents, and probation records.
3. File a Motion (if necessary): If you’re not eligible for automatic sealing, you’ll need to file a motion with the court, explaining why you deserve to have your record sealed.
4. Attend a Hearing (if required): The court may schedule a hearing to consider your motion. Be prepared to answer questions about your past and demonstrate your rehabilitation efforts.

The bottom line: Sealing your criminal record can be a life-changing step towards a brighter future. It can open doors to job opportunities, housing, education, and peace of mind.

If you’re ready to take control of your life and leave the past behind, explore your options for sealing your record in DC and contact Monument Legal today!