District of Columbia uses D.C. Code § 16-807 for § 16-807 Effect of sealing of criminal records. Read it for what a granted order changes. The statute says: “The effect of criminal record sealing shall be to remove all records related to a citation, arrest, charge, prosecution, disposition, or conviction from public view and to permit restricted, nonpublic access by specific parties for specific purposes.” D.C. Code § 2-1402.66 is the arrest-record petition. D.C. Code § 22-1844 is the conviction petition. D.C. Code § 16-804 speaks in expungement. D.C. Code § 16-807 speaks in sealing. They are different orders.
On expunging certain criminal records, the District of Columbia text is D.C. Code § 16-802. This relief can move without a petition in every case. The statute says: “(a) The Court shall order automatic expungement of all criminal records and court proceedings related only to citations, arrests, charges, or convictions for the commission of a criminal offense that has subsequently been decriminalized, legalized, or held to be…”
When a different section applies
D.C. Code § 16-804 deals with expunging certain criminal records. Read it for what a granted order changes. The statute says: “The effect of expungement shall be to restore a person, in the contemplation of the law, to the status they occupied before being cited, arrested, charged, or convicted.”
On expunging certain criminal records, the District of Columbia text is D.C. Code § 16-803. The statute says: “(a) The Court shall order expungement of all criminal records and court proceedings related only to citations, arrests, or charges for the commission of a criminal offense on the grounds of actual innocence if: (1) The case was terminated by the prosecutor or otherwise reached…”
Read D.C. Code § 22-1844 when the issue is expunging certain criminal records. The statute says: “Court for the District of Columbia to vacate the judgment of conviction and expunge all records identifying the movant as having been arrested, prosecuted, or convicted of the offense if the conduct of the person that resulted in the conviction was a direct result of the person having been a victim of trafficking.”
D.C. Code § 2-1402.66 deals with expunging an arrest record. The statute says: “A) An individual may request production of his or her arrest record for the purposes of determining eligibility for sealing or expunging that record pursuant to Chapter 8 of Title 16 § 16-801 et seq.”
The petition and the sections next to it
Where petitions fail
In Re Charles E. Meaden, 2006 D.C. App. LEXIS 412 (2006) is worth reading in full. The opinion puts it this way: “In fight of the expungement order, respondent argued that the criminal charges should not be considered in the disciplinary proceeding.”
Mohammad Rezvan v. District OF Columbia, 1990 D.C. App. LEXIS 284 (1990) is worth reading in full. The opinion puts it this way: “It has long been recognized in this jurisdiction that the trial court has equitable authority to expunge arrest records.”
Read in this order
- Open D.C. Code § 16-807 and read the part on § 16-807 Effect of sealing of criminal records. Everything else in the filing has to fit that section.
- Ask the clerk which local form that District of Columbia county uses, then check the form against D.C. Code § 16-807.
- Then read In Re Charles E. Meaden, 2006 D.C. App. LEXIS 412 (2006). That is a District of Columbia court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in District of Columbia?
On § 16-807 Effect of sealing of criminal records, the District of Columbia text is D.C. Code § 16-807. Read it for what a granted order changes. The statute says: “The effect of criminal record sealing shall be to remove all records related to a citation, arrest, charge, prosecution, disposition, or conviction from public view and to permit restricted, nonpublic access by specific parties for specific purposes.” D.C. Code § 2-1402.66 is the arrest-record petition. D.C. Code § 22-1844 is the conviction petition. D.C. Code § 16-804 speaks in expungement. D.C. Code § 16-807 speaks in sealing. They are different orders.
How have District of Columbia courts ruled on expungement and sealing?
In Re Charles E. Meaden, 2006 D.C. App. LEXIS 412 (2006) “In fight of the expungement order, respondent argued that the criminal charges should not be considered in the disciplinary proceeding.”
County practice in District of Columbia can add a local form. It cannot replace D.C. Code § 16-807.