If you were charged with a crime in Washington DC, one of the first things you are probably wondering is whether that charge will follow you. The answer depends on what happened with the case, what type of charge it was, and who is running the background check. A charge that did not result in a conviction is treated very differently than a conviction under DC law, and recent changes to DC’s record sealing and expungement rules mean more people now have options to limit what shows up.
A background check in DC can reveal several types of records depending on who is requesting it and why. Arrest records, charges, and convictions can all potentially appear. However, not everything shows up in every check, and DC law places specific restrictions on what employers and others are allowed to consider.
Conviction records show crimes where the defendant was found guilty and given a sentence. Arrest records do not prove guilt and show only the crimes a person was charged with by the arresting officer. This distinction matters enormously when it comes to employment, housing, and licensing decisions.
Under DC Code section 2-1402.66, employers may obtain an applicant’s arrest record including criminal convictions from the DC Metropolitan Police Department with the applicant’s notarized and signed consent. There is a 10-year lookback period for convictions, meaning the report will not include information about convictions for which the sentence was completed more than 10 years before the date of the background check.
A charge that did not result in a conviction is one of the most misunderstood areas of DC criminal records law. Many people assume that if they were not convicted, the record disappears automatically. That is not always the case, but DC law does offer meaningful protections.
Under DC’s Fair Criminal Record Screening Act, employers covered by the law cannot consider arrests, accusations, or charges that did not result in conviction. They also cannot consider convictions that have been sealed or expunged, or juvenile adjudications. This means that even if a charge appears on a background check, a covered DC employer is prohibited from using it against you in the hiring process.
That said, not all background check requesters are employers, and not all employers are covered by the same rules. Federal employers, licensing boards, and certain regulated industries operate under different standards. A criminal defense attorney in Washington DC can help you understand exactly what is visible on your record and to whom.
Washington DC has one of the strongest ban the box laws in the country. DC’s Fair Criminal Record Screening Act covers all private employers with 11 or more employees and DC government employers, but does not apply to federal government jobs. It prohibits criminal history inquiries until after a conditional offer of employment is made. After a conditional offer, employers can conduct a background check but must perform an individualized assessment before withdrawing the offer based on criminal history.
This means that even if a conviction does appear on your record, an employer covered by this law cannot automatically disqualify you. They must weigh the nature of the offense, how long ago it occurred, and whether it is actually relevant to the job. If an employer decides to withdraw a job offer based on your record, they are required to provide written notice and give you an opportunity to respond. The DC Office of Human Rights enforces this law and handles complaints.
Washington DC recently made significant changes to its expungement and record sealing laws that every DC resident with a criminal record should know about. The Second Chance Amendment Act of 2022 simplifies the process for record sealing, expands eligibility, and introduces automatic record sealing. The law’s provisions took effect on March 1, 2025, with the automatic sealing process set to roll out by October 2027.
Here is what the law covers:
If you have a record that may now qualify for sealing or expungement under these new rules, speaking with a DC defense attorney as soon as possible is worth doing. The process is not always automatic, and eligibility rules are specific.
A criminal charge or conviction in Washington DC can affect more than just job applications. Housing applications, professional licensing, federal student aid eligibility, immigration status, and security clearances can all be impacted depending on the nature of the charge. The consequences of a charge that stays on your record can follow you for years, which is exactly why having experienced legal representation from the start matters so much.
Whether you are facing a charge right now or trying to understand what is already on your record, you deserve clear answers. Monument Legal is an aggressive trial law firm serving clients across Washington DC. We know how these cases work, and we are not afraid to fight them. Start with a free case review and find out exactly where you stand.
An arrest without a conviction can appear on certain background checks in DC, but DC employers covered by the Fair Criminal Record Screening Act are prohibited from considering it. DC law distinguishes clearly between an arrest record and a conviction record, and the ban on considering non-conviction records is one of the strongest protections available to DC residents. If you are concerned about what an arrest shows on your record, a DC defense lawyer can help you request and review your own record and determine whether any sealing or expungement options apply. See DC Code section 2-1402.66 at the DC Law Library.
Yes, depending on the nature of the charge and how much time has passed. DC’s Second Chance Amendment Act of 2022 significantly expanded eligibility for both sealing and expungement. Charges that did not result in conviction, certain misdemeanor convictions after a five-year waiting period, and most felony convictions after an eight-year waiting period may be eligible for sealing by motion. Automatic sealing for eligible records is set to roll out by October 2027. A criminal law attorney in DC can review your specific record and walk you through the options available to you. See the full text of DC Law 24-284 at the DC Law Library.
For most DC background checks, convictions completed more than 10 years ago will not appear. For jobs paying under $75,000 per year, the federal Fair Credit Reporting Act also limits the reporting of certain non-conviction records to seven years. The exact lookback period depends on the type of check being run and the purpose behind it. Federal employers and certain licensed industries may not be subject to the same restrictions. If you are unsure what is on your record or how far back a specific check may reach, a Washington DC criminal defense attorney can help you get clarity. See the Fair Credit Reporting Act resources at the Consumer Financial Protection Bureau.
Yes, a criminal charge or conviction in Washington DC can affect housing applications, professional licensing, federal benefits, and in some cases immigration status, depending on the nature of the charge. Landlords and licensing boards operate under different rules than employers and are not always subject to the same ban the box protections. This is one of the reasons why the consequences of a criminal charge extend well beyond the courtroom, and why working with a DC criminal defense lawyer from the earliest possible stage can protect more than just your freedom. The DC Office of Human Rights enforces many of DC’s criminal record protections.