District of Columbia Motion to Expunge Criminal Offender Record due to Charges having been Dismissed

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Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

Expungement/sealing a criminal record in the District of Columbia is accomplished by filing a Motion (a written request to the Court)to Seal in DC Superior Court. In the District of Columbia the Court seals the record. If the record is sealed you will be given an Order signed by a Judge.

The penalty for misdemeanor unlawful possession of an unregistered firearm is up to one year in jail and a $1,000 fine for a first offense. For a second offense, it becomes a felony matter and the penalty jumps up to five years in prison and up to a $5,000 fine.

Felony Convictions Under DC law, anyone convicted of a felony is permanently banned from being able to possess any kind of firearm.

The District of Columbia City Council enacted the Criminal Record Sealing Act of 2006. This act permits persons who have a criminal record to have their criminal record sealed provided they meet the eligibility criteria. For a copy of the Criminal Record Sealing Act of 2006, click on the Forms Search link.

In Washington DC, a misdemeanor can be expunged if the arrest didn't lead to a conviction. For certain misdemeanor convictions, you can file a motion after two years of the sentence.

If I am Convicted of a Gun Charge can it be Expunged in DC? Yes as long as you are not convicted of the felony charge of possession of a gun. However, the statutory time to seal a misdemeanor gun charges is eight year.

Expunging/sealing an arrest record on grounds of actual innocence. ... Sealing an arrest record in the interests of justice. ... Sealing a conviction for an ?eligible misdemeanor? ... Expunging a criminal record for ID. ... Expunging a juvenile record. ... ?Setting aside? a conviction under the Youth Rehabilitation Act.

The effect of an expungement under D.C. Code § 25-1002 is to restore the person to the position he/she occupied before the arrest. A person who has been the subject of juvenile proceedings in D.C. can also file a motion to have all records associated with the case sealed.

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District of Columbia Motion to Expunge Criminal Offender Record due to Charges having been Dismissed