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.