DC Attorney Criminal Record Sealing § 16-803 – Eligible Offenses



1. Explanation of the Terms of this Agreement. Client is need of legal services and Attorney shall provide such and the parties agree to proceed on a limited scope legal services arrangement. "Limited scope" means Attorney assists Client only in the following ways as described in this document. Unless otherwise stated in this agreement, Attorney does not speak for or represent Client. by Vonnie C. Dones III, ESQ is not a pre-paid legal service; it is an online legal practice where you are charged a one-time fee for limited legal services related to New Jersey, New York, or Federal law. by Vonnie C. Dones III, ESQ. provides unbundled legal services. This means that the legal services provided by us only extend to those services of which you have requested and purchased and we have provided. After you have purchased a service and we have agreed to provide it and have completed the work, you cannot expect us to perform in any additional capacity

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The only legal services that MAY be promised by the Attorney in this Agreement are:

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This means that unless we expressly agree to undertake services after the services, you don't expect me to do anything else, and I don't expect you to pay me anything else. We have not agreed to represent you by, for example, going to a hearing or trial with you, preparing your case for trial or providing any legal assistance other than the limited legal advice and legal document preparation services authorized by this form.

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Court costs are also part of a lawsuit. They include filing fees and service of process fees. We will not pay any costs associated with your case unless specifically requested by Client and agreed upon in advance by Attorney. These costs are your responsibility to pay.

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a. Assist Attorney and complete Attorney's requests for information (in whatever form it may appear) that is necessary for Attorney to provide legal services;

b. Travel to Attorney's office if requested and show up at any appearance where Attorney asks to be present;

c. Carefully consider Attorney's advice as to Client's Matter before making any major decisions;

d. Provide and maintain current and complete contact information to Attorney, including changes in residence, changes in jobs, changes to phone number or other electronic means of communication; and

e. Keep Attorney advised of any new developments or information that is relevant to Client's Case, including any court notices, letters from the opposing party, or other similar developments.

9. Grounds to Terminate. Client may terminate this Agreement for any or no reason, although Client still will be legally obligated under this Agreement to meet Client's obligation to Attorney, including the obligation to pay Attorney the agreed-upon attorney's fees to the extent it has been earned. Attorney may terminate this Agreement if, in Attorney's sole judgment, Client has failed to fulfill one of the Client's material obligations under this Agreement, or for other good cause, or for any other reason authorized by law (including the ethical rules that govern lawyers.)

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12. Confidentiality. by Vonnie C. Dones III, ESQ provides limited legal services pertaining to New Jersey and New York, and Federal law only. An attorney-client relationship with this practice is established only after a specific question has been posed to an attorney at this practice through a prospective client's personal login page and that question has been confirmed as received through a reply communication from an attorney at this practice. Prospective clients should be aware that our duties of confidentiality and the attorney-client privilege may not arise until an attorney has expressly communicated the ability to respond to that prospective client. Once you have provided us with your personal information, we will first run a crosscheck for any possible conflict of interest before accepting representation of your matter. We may decline to provide our services to you if a conflict of interest is discovered. All our records are securely retained in electronic files, along with secure backups, for the period of years required under New Jersey and/or New York law.

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I have read, understand, and agree to be bound by the above, and I authorize you to provide me with legal advice and legal services, based upon these terms and conditions.

Service Description

For people who are not able to assert actual innocence (§ 16-802), another way to have an arrest record sealed is to wait a period of time (2 years for “eligible misdemeanors,” 3 years for ineligible misdemeanors that were never papered, and 4 years for every other offense) before filing the motion. Any open cases or any convictions after the arrest for which relief is sought render a person ineligible for such relief.

For cases involving “eligible misdemeanors” (see below), the burden is on the prosecution to establish by a preponderance of the evidence that it is not in the interests of justice to grant relief. For every other offense, the burden is on the person filing the motion to prove by a preponderance of the evidence that it is in the interests of justice to grant the motion.

If the motion to seal is granted under these circumstances, the person subject to the relief is able to honestly and legally deny the arrest or charge to anyone other than: (1) any court, (2) any federal, state, or local prosecutor, (3) any law enforcement agency, (4) any licensing agency, (5) any licensed school, day care center, or other facility involving children, (6) any government employer or nominating/tenure commission with respect to employment of a judicial or quasi-judicial officer or employment at a senior-level, executive-grade government position. D.C. Code § 16-803.

A person who has been convicted of an eligible misdemeanor (see below) or felony violation under the Bail Reform Act must wait eight years after completion of sentence before filing a motion to seal the conviction. Any open charges or prior convictions would render the person ineligible for relief. The burden is on the person filing the motion to establish by clear and convincing evidence that it is in the interest of justice for the judge to grant relief.

Ineligible Misdemeanors

“Eligible misdemeanor” is any misdemeanor that is NOT included in the following list:

Intrafamily offense as defined under D.C. Code § 16-1001(8)

Driving while intoxicated, driving under the influence, or operating while impaired under D.C. Code § 50-2201.05

Any misdemeanor offense for which sex offender registration is required under Chapter 40 of Title 22

Criminal abuse of a vulnerable adult under D.C. Code § 22-936(a)

Interfering with access to a medical facility under D.C. Code § 22-1314.02

Possession of a pistol by a convicted felon under D.C. Code § 22-4503(a)(1)

Failure to report child abuse under D.C. Code § 4-1321.07

Refusal or neglect of guardian to provide for child under 14 years of age under D.C. Code § 22-1102

Disorderly conduct (“peeping tom”) under D.C. Code § 22-1321

Misdemeanor sexual abuse under D.C. Code § 22-3006

Violating the Sexual Offender Registration Act under D.C. Code § 22-4015

Violating child labor laws under D.C. Code §§ 32-201 through 22-224

Election/petition fraud under D.C. Code § 1-1001.08

Public assistance fraud under D.C. Code §§ 4-218.01 through 4.218.05

Trademark counterfeiting under D.C. Code § 22-902(b)(1)

Attempted trademark counterfeiting under D.C. Code §§ 22-1803, 22-902

Fraud in the second degree under D.C. Code § 22-3222(b)(2)

Attempted fraud under D.C. Code §§ 22-1803, 22-3222

Credit card fraud under D.C. Code § 22-3223(d)(2)

Attempted credit card fraud under D.C. Code §§ 22-1803, 22-223 [§§ 22-1803, 22-3223)

Misdemeanor insurance fraud under D.C. Code § 22-3225.03(a)

Attempted insurance fraud under D.C. Code §§ 22-1803, 22-3225.02, 22-3225.03

Telephone fraud under D.C. Code §§ 22-3226.06, 22-3226.10(3)

Attempted telephone fraud under D.C. Code §§ 22-1803, 22-3226.06, 22-3226.10

Identity theft, second degree, under D.C. Code §§ 22-3227.02, 22-3227.03(b)

Attempted identity theft under D.C. Code §§ 22-1803, 22-3227.02, 22-3227.03

Fraudulent statements or failure to make statements to employee under D.C. Code § 47-4101

Fraudulent withholding information or failure to supply information to employer under D.C. Code § 47-4105

Fraud or false statements under D.C. Code § 47-4106

False statement/dealer certificate under D.C. Code § 50-1501.04(a)(3)

No school bus driver’s license under 18 DCMR §1305.1

False statement on Department of Motor Vehicles document under 18 DCMR § 1104.1

No permit, second or greater offense under D.C. Code 50.1401.01(d)

Altered title under 18 DCMR § 1104.3

Altered registration under 18 DCMR § 1104.4

No commercial driver’s license under D.C. Code § 50-405

Violation of building or housing code regulations

Violation of the Public Utility Commission regulations

Attempt or conspiracy to commit any of the offenses above.

Our law firm also handles cases under § 16-803.01-Fugitive From Justice Arrests, § 16-803.02 – Decriminalized and Legalized Offenses”, Sealing of Record from Arrest or Conviction for Fake ID/Misrepresentation of Age, D.C. Code § 25-1002, and Sealing of Juvenile records, D.C. Code § 16-2335, but you must call us to discuss your legal matter.