Expungement Attorneys in Washington, DC
Expungement in Washington, D.C.
Washington, DC does allow you to have your criminal record sealed in some instances. By sealing your criminal record you are removing it from the public view and can, in most instances, legally deny any arrest or conviction history.
Washington, DC will allow you to have your record sealed if you can prove, with a preponderance of evidence, that the offense you were arrested for did not occur, or that the offense did occur but that someone else committed it. If this motion is filed after four (4) years from the date prosecution was terminated, the evidence must be clear and convincing, meaning that it is highly probable and reasonably certain. Both felonies and misdemeanors are eligible for this type of relief. You are eligible to file immediately upon termination of the prosecution.
If you are unable to assert actual innocence, there is another option. You may file to have your arrest record sealed after a minimum waiting period of two (2) years for eligible misdemeanors, three (3) years for ineligible misdemeanors that were never charged, and four (4) years for other offenses.
If your case involves an “eligible misdemeanor”, the burden is on the prosecution to establish a preponderance of evidence that it is not in the interest of justice to grant your motion. For any other offense, the burden is on you to prove that it is in the interest of justice to grant your motion.
If you have been convicted of an eligible misdemeanor or felony violation under the Bail Reform Act you must wait eight (8) years from the completion of your sentence before filing to seal a conviction. If you have open or pending charges, or have prior convictions, you are not eligible. You must establish that it is in the interest of justice to be granted relief.
For juveniles, you can also file to have your criminal records sealed. You will need to wait two (2) years from the time you are released from court supervision. You can not have been convicted or adjudicated delinquent, or in need of supervision for any other crimes. Sealing your juvenile record will result in it being treated as if it never occurred.