District of Columbia Motion to Seal Records and Documents

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Multi-State
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US-03331BG
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Description

A motion to seal is a formal request that is submitted to the court to prevent evidence and transcripts related to a specific court case from being available to the general public. An attorney who is licensed to practice in the jurisdiction where the case is heard usually initiates a motion of this type, although many jurisdictions will allow private citizens to file the motion through a court clerk. A court request to seal records is common in many situations, especially when the welfare of a minor could be adversely impacted if the court records were made readily available to the general public.


Most jurisdictions have specific laws and procedures regarding the motion to seal. While processes vary, it is not unusual for a court to require that specific documents be filed with the court clerk before a judge will consider the request to seal the records connected with a given case. Some jurisdictions require that a waiting period must take place between the date that the case is settled and the records are officially sealed. In other situations, the records are sealed as soon as the judge grants the request.

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FAQ

Motion to seal. (a) A motion to seal filed with the Court pursuant to this chapter shall state grounds upon which eligibility for sealing is based and facts in support of the person's claim.

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.

You must file a written motion with the Court to seal your records. Sealing is at the judge's discretion. In deciding whether to seal your court record, a judge will weigh your privacy interests against the public's interest in keeping the files open.

Felony convictions are typically not eligible for sealing or expungement in D.C. One exception is a felony conviction for violating the Bail Reform Act. Another possible exception would be a felony conviction under the Controlled Substances Act in which the court sentenced the defendant under D.C. Code § 48-904.01(e).

(1)(A) The Court shall order the prosecutor, any law enforcement agency, and any pretrial, corrections, or community supervision agency to remove from their publicly available records all references that identify the movant as having been arrested, prosecuted, or convicted.

There is no charge for filing a motion to seal in the District of Columbia. You take written motion to the clerk's office on the 4th floor of DC Superior Court located at 500 Indiana Avenue, NW Washington, DC 20001 and file it with criminal clerk of the court.

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.'s Second Chance Amendment Act (Second Chance) will allow for automatic sealing of non-violent criminal records for individuals charged - but not convicted - of a crime and will shorten waiting periods to seal conviction records.

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District of Columbia Motion to Seal Records and Documents