§ 16-802 — Automatic expungement of criminal records.

(a) The Court shall order automatic expungement of all criminal records and court proceedings related only to citations, arrests, charges, or convictions for the commission of a criminal offense that has subsequently been decriminalized, legalized, or held to be unconstitutional by the Court of Appeals for the District of Columbia or the Supreme Court of the United States, or records related only to simple possession for any quantity of marijuana in violation of § 48-904.01(d)(1) before February 15, 2015, if:

(1) The case was terminated by the prosecutor or otherwise reached a final disposition; and

(2) The prosecutor has not:

(A) Filed a written motion, which may be made ex parte, to:

(i) Retain and sequester the record for a limited period of time; or

(ii) Contest that a particular person qualifies for expungement under this section; and

(B) Demonstrated by clear and convincing evidence that:

(i) Retention is necessary for a lawful purpose, such as:

(I) Investigating, prosecuting, or defending another criminal case;

(II) Complying with disclosure obligations in another criminal case; or

(III) Determining the person's suitability for diversion, release, sentencing reduction, or record sealing in another case; or

(ii) The person does not qualify for expungement under this section.

(b) Eligible criminal records and court proceedings related to citation, arrests, charges, and convictions shall be expunged pursuant to subsection (a) of this section by October 1, 2027, or within 90 days after termination of the case by the prosecutor or final disposition, whichever is later.

Legislative History

May 5, 2007, D.C. Law 16-307, § 2(b), 54 DCR 868