Handbook on expungement law and procedures providing valuable information for Attorneys and their Clients.
District of Columbia Expungement Handbook - Procedures and Law
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D.C. Code § 16-802. For people who are not able to assert actual innocence, the way to have an arrest record sealed is to wait a period of time (two years for ?eligible misdemeanors,? three years for ineligible misdemeanors that were never papered, and four years for every other offense) before filing the motion.
Expungement is a complete erasure of the criminal record whereas sealing hides the record from the public. The process for sealing the criminal record in the District of Columbia requires the individual to file a motion with the Court, called a MOTION to seal.
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 District of Columbia recently passed the Second Chance Amendment Act of 2022 to fix the District's complex, confusing, and draconian laws dealing with the sealing and expungement of criminal records.
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.
Expungement or Sealing a Record in Pennsylvania If a record is expunged, then no record should exist, and people cannot see or find a record that does not exist. With a sealed record, the public cannot see the record, meaning such records should not appear on criminal background searches.
Sealing means that while the conviction is hidden from the public, it remains accessible by certain governmental agencies such as law enforcement, the courts, the military if you enlist, and the agency that issues firearms licenses. With expungement a conviction is completely erased.
A record sealing case is going to take about six to eight months from the time the motion is filed with the court. Eight months is usually the high end, but some cases can drag on for quite some time, particularly if the government is having trouble locating records from a case.