§ 16-803 — Expungement of criminal records by motion.

District of Columbia § 16-803

• Jurisdiction: District of Columbia
• Title 16: Particular Actions, Proceedings and Matters. [Enacted title]
• Ch. 8: Criminal Record Sealing and Expungement.

Text

(a) The Court shall order expungement of all criminal records and court proceedings related only to citations, arrests, or charges for the commission of a criminal offense on the grounds of actual innocence if:

(1) The case was terminated by the prosecutor or otherwise reached a final disposition and did not result in a conviction or acquittal pursuant to § 24-501 ; and

(2) The person cited, arrested, or charged files a written motion and demonstrates, by a preponderance of the evidence, that the offense for which the person was cited, arrested, or charged:

(A) Did not occur; or

(B) Was not committed by the person.

(b) A motion filed pursuant to subsection (a)(2) of this section:

(1) Shall state:

(A) The grounds upon which eligibility for expungement is based; and

(B) Facts in support of the movant's claim; and

(2) May be:

(A) Accompanied by a statement of points and authorities in support of the motion, and any appropriate exhibits, affidavits, and supporting documents; and

(B) Filed at any time.

(c) A copy of the motion and any amended motion shall be served upon the prosecutor.

(1) If it plainly appears from the face of the motion, any accompanying exhibits, affidavits, and documents, and the record of any prior proceedings in the case, that the movant is not eligible for relief or not entitled to relief, the Court may dismiss or deny the motion.

(2) If the motion is not dismissed or denied after initial review, the Court:

(A) Shall determine whether a hearing on the motion is required; and

(B) May:

(i) Order the prosecutor to file a response to the motion; and

(ii) Set a deadline by which the response shall be filed.

(3) At any hearing on the motion, the movant and the prosecutor may present witnesses and information by proffer or otherwise. Hearsay evidence shall be admissible.

(4) An order dismissing, granting, or denying the motion shall be:

(A) In writing and include reasons for the decision;

(B) A final order for purposes of appeal; and

(C) Issued no later than 180 days after the motion is filed, unless there exists good cause for delay.

(5) A motion made pursuant to this section may be dismissed without prejudice to permit the movant to renew the motion after further passage of time.

(6) If the Court denies the motion, the Court shall entertain a second motion for the same relief no sooner than one year after the date on which the order on the initial motion was resolved, unless the second motion raises grounds different than the first motion, in which case, it shall be entertained at any time. If the Court denies the movant's second motion, the Court shall entertain a third and final motion no sooner than one year after the date on which the order on the second motion was resolved, unless the third motion raises grounds different than the first 2 motions, in which case, it shall be entertained at any time.

(7) If the Court grants the motion, it shall summarize in the order the factual circumstances of the challenged citation, arrest, or charge and any post-arrest occurrences it deems relevant, and shall rule as a matter of law that the movant did not commit the offense for which the movant was arrested or that no offense had been committed.

(e) An acquittal or dismissal shall not establish a presumption that the movant is innocent or entitled to relief pursuant to this section.

(f) Eligible criminal records and court proceedings related to citations, arrests, and charges shall be expunged pursuant to subsection (a) of this section within 90 days after a motion is granted.

Legislative History

May 5, 2007, D.C. Law 16-307, § 2(b), 54 DCR 868; Oct. 22, 2012, D.C. Law 19-183, § 3, 59 DCR 9429; June 15, 2013, D.C. Law 19-319, § 4(b), 60 DCR 2333; Dec. 13, 2013, D.C. Law 20-50, § 4(a), 60 DCR 15151; Mar. 10, 2015, D.C. Law 20-186, § 2(a), 61 DCR 12108