§ 16-805 — Automatic sealing of criminal records.

District of Columbia § 16-805

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

Text

(a) Except as otherwise provided in this chapter and in subsection (b) of this section, the Court shall order automatic sealing of all criminal records and court proceedings related to:

(1) Citations, arrests, or charges for the commission of a criminal offense; provided, that 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) Citations, arrests, charges, and convictions for the commission of a misdemeanor offense that resulted in a conviction; provided, that a waiting period of at least 10 years has elapsed since completion of the sentence.

(b) The Court shall not order automatic sealing pursuant to this section if the citation, arrest, charge, or conviction is for:

(1) An intrafamily offense, as defined in § 16-1001(8) ;

(2) Parental kidnapping, as described in § 16-1022 ;

(3) Criminal abuse of a vulnerable adult or elderly person, as described in § 22-933 ;

(4) Financial exploitation of a vulnerable adult or elderly person, as described in § 22-933.01 ;

(5) Refusal or neglect of a guardian to provide for child under 14 years of age, as described in § 22-1102 ;

(6) Incest, as defined in § 22-1901 ;

(7) Misdemeanor sexual abuse, as defined in § 22-3006 ;

(8) Violation of Chapter 30A of Title 22 ;

(9) Violation of Chapter 31 of Title 22 ;

(10) Violation of Chapter 31A of Title 22 ;

(11) An offense for which sex offender registration is required pursuant to Chapter 40 of Title 22 , and the registration period has not expired;

(12) Violation of Chapter 40 of Title 22 , as described in § 22-4015;

(13) A dangerous crime, as defined in § 23-1331(3) ;

(14) A crime of violence, as defined in § 23-1331(4) ;

(15) Driving under the influence (known as DUI) of alcohol or a drug, as described in § 50-2206.11 ;

(16) Driving under the influence of alcohol or a drug; commercial vehicle, as described in § 50-2206.12 ; or

(17) Operating a vehicle while impaired, as described in § 50-2206.14 .

(c) Criminal records and court proceedings:

(1) Related to citations, arrests, and charges sealed pursuant to subsection (a)(1) of this section:

(A) For which 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 on or before September 30, 2027, shall be sealed by October 1, 2027, or within 90 days after termination of the case by the prosecutor or final disposition, whichever is later; and

(B) For which 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 on or after October 1, 2027, shall be sealed by October 1, 2027, or within 90 days after termination of the case by the prosecutor or final disposition, whichever is later; and

(2) Related to citations, arrests, charges, and convictions sealed pursuant to subsection (a)(2) of this section shall be sealed by October 1, 2027, or within 90 days after the expiration of the waiting period, whichever is later.

Legislative History

May 5, 2007, D.C. Law 16-307, § 2(b), 54 DCR 868; Mar. 10, 2015, D.C. Law 20-186, § 2(c), 61 DCR 12108