District of Columbia Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing

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Description

Show-cause hearings occur when the alleged victim of a crime or the police files an Application for a Criminal Complaint with the court. After an application has been filed, the court will send the defendant a notice in the mail requesting him or her to appear before a clerk-magistrate in a criminal show-cause hearing. At a show-cause hearing, the complaining party must produce evidence demonstrating "probable cause" that the defendant committed the crime. The hearing has three possible outcomes: 1) the complaint is dismissed; 2) the complaint is issued, or 3) the complaint is continued.


If the complaining party fails to show probable cause, the complaint will be dismissed. This means that no charges will be filed against the defendant and neither the application nor the hearing outcome will appear on the defendants criminal record.


If probable cause is shown, the clerk-magistrate may decide that the complaint be issued. If the complaint is issued, the defendant will be arraigned in the district court. At arraignment the defendant will be formally charged with a crime and may be provided court-appointed counsel if he or she is financially eligible. Issuance of the complaint is not a determination of guilt or

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FAQ

Review by Court. (a) If it plainly appears from the face of the motion, any accompanying exhibits, affidavits, and documents, and the record of any prior proceedings in the case, that the movant is not eligible for relief or is not entitled to relief, the Court may dismiss or deny the motion.

As soon as the underlying criminal case is over and it ends without a conviction, that person is eligible to file an innocence claim. The waiting periods in the interest of justice motion are two years, four years, or eight years on a basic single offense motion.

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.

Generally speaking, if the case was dismissed or terminated without conviction and the person's record is otherwise clean without any other convictions, then they are eligible for expungement. If they have other convictions, it depends on the timing and the nature of those subsequent convictions.

(9) ?Ineligible misdemeanor? means: (A) An intrafamily offense, as that term is defined in § 16-1001(8). (NN) Attempt or conspiracy to commit any of the foregoing offenses (§§ 22-1803, 22-1805a).

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.

DC Code Section 22-801 defines the offense of burglary and establishes potential penalties associated with conviction for this crime. There are two different categories of burglary: burglary in the first degree and burglary in the second degree. Burglary in the first degree is defined in Code Section 22-801(a).

Retention of jurisdiction. For purposes of this subchapter, jurisdiction obtained by the Division in the case of a child shall be retained by it until the child becomes twenty-one years of age, unless jurisdiction is terminated before that time.

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District of Columbia Motion to Dismiss Criminal Charges for Failure to Notice and Grant Show Cause Hearing