§ 24-906 — Unconditional discharge sets aside conviction.

(a) Upon unconditional discharge of a committed youth offender before the expiration of the sentence imposed, the youth offender’s conviction shall be automatically set aside.

(b) If the sentence of a committed youth offender expires before unconditional discharge, the United States Parole Commission may, in its discretion, set aside the conviction.

(c) Where a youth offender is sentenced to commitment and a term of supervised release for a felony committed on or after August 5, 2000, and the United States Parole Commission exercises its authority pursuant to 18 U.S.C. § 3583(e)(1) to terminate the term of supervised release before its expiration, the youth offender’s conviction shall be automatically set aside.

(d) Repealed.

(e) Where a youth offender has been placed on probation by the court, the court may, in its discretion, unconditionally discharge the youth offender from probation before the end of the maximum period of probation previously fixed by the court. The discharge shall automatically set aside the conviction. If the sentence of a youth offender who has been placed on probation by the court expires before unconditional discharge, the court may, in its discretion, set aside the conviction.

(1) A youth offender, regardless of whether the youth offender was sentenced under this subchapter , may, after the completion of the youth offender's probation or sentence of incarceration, supervised release, or parole, whichever is later, file a motion to have the youth offender's conviction set aside under this section. The court may, in its discretion, set aside the conviction.

(2) In making the determination under paragraph (1) of this subsection, the court shall consider the factors listed in § 24-903(c)(2) and make a written statement on the record of the reasons for its determination. The youth offender shall be entitled to present to the court facts that would affect the court's set aside decision.

(e-2) In any case in which the youth offender's conviction is set aside, the youth offender shall be issued a certificate to that effect.

(f) A conviction set aside under this section may be used:

(1) In determining whether a person has committed a second or subsequent offense for purposes of imposing an enhanced sentence under any provision of law;

(2) In determining whether an offense under § 48-904.01 is a second or subsequent violation under § 24-112 ;

(3) In determining an appropriate sentence if the person is subsequently convicted of another crime;

(4) For impeachment if the person testifies in his or her own defense at trial pursuant to § 14-305 ;

(5) For cross-examining character witnesses;

(6) For sex offender registration and notification;

(7) For gun offender registration pursuant to subchapter VIII of Chapter 25 of Title 7 , for convictions on or after January 1, 2011; or

(8) In determining whether a person has been in possession of a firearm in violation of § 22-4503 .

Legislative History

Dec. 7, 1985, D.C. Law 6-69, § 7, 32 DCR 4587; June 28, 1991, D.C. Law 9-7, § 2, 38 DCR 1978; Aug. 17, 1991, D.C. Law 9-15, § 2, 38 DCR 3382; June 8, 2001, D.C. Law 13-302, § 9(e), 47 DCR 7249; June 3, 2011, D.C. Law 18-377, § 17, 58 DCR 1174