Washington, DC: Sealing and Expungement

The District of Columbia uses both “sealing” and “expungement,” and the terms describe different legal routes. A motion to seal can limit public access while retaining restricted records. Expungement under the actual-innocence statute has a separate, demanding standard. The Second Chance Amendment Act created petition-based and automatic relief through distinct provisions; the petition rules are in effect, while the automatic process has a separate implementation timeline.

Petition-based sealing is in effect; automatic relief is separate

The current D.C. Code § 16-806 applicability note cites § 7290(a) of D.C. Law 25-217, which makes the Second Chance Amendment Act’s § 16-806 amendments applicable as of March 1, 2025. The code page also displays older applicability notes below this later amendment; those prior notes should not be read as the current effective date. The CCRC’s April 8, 2026 profile independently reports that the petition provisions took effect January 1, 2026. The Superior Court page separately reports that automatic sealing and expungement provisions are not yet operating. That automatic-relief status does not mean a person must wait for the automatic program before using an available motion. Do not assume a record has been sealed automatically.

Under § 16-806, eligible nonconviction motions have no conviction waiting period. Conviction motions generally require five years after completion of sentence for misdemeanors and eight years for eligible felonies; offenses in Severity Groups 1, 2, or 3 of the Master Grid are excluded. The prosecutor may waive the conviction waiting period in writing. A motion must show, by a preponderance of the evidence, that sealing is in the interests of justice; the court weighs the person’s interest, rehabilitation and reintegration, and public access, among other factors. The court decides motions under the statute, and these criteria do not determine whether a particular record qualifies.

Sealing by motion

Section 16-806 provides a written motion to seal records and related proceedings. For conviction records, the current law provides a five-year period after completion of sentence for misdemeanors and eight years for eligible felonies, with certain felony severity groups excluded. The prosecutor may waive those waits in writing. Nonconviction motions have separate rules and no conviction waiting period. For either route, a motion must show by a preponderance of the evidence that sealing is in the interests of justice; the court weighs the person’s interests, rehabilitation and reintegration, and the community’s interest in access. The current applicability note cites D.C. Law 25-217 and makes this petition framework applicable as of March 1, 2025; CCRC independently reports an effective date of January 1, 2026. Check the court’s current form, filing instructions, and service requirements before filing.

A D.C. Superior Court information sheet gives an initial records-gathering path: request an arrest history report from the Metropolitan Police Department and obtain case dispositions from the Superior Court. The court’s Criminal Information Office page directs people to submit motions there and says original documents and a copy are required. Because court forms and filing directions can be revised, verify the current instructions before submitting personal records.

1. Request the complete records needed for review. The court guide lists an MPD arrest-history report and Superior Court dispositions. Make a list of cases, charges, and outcomes; an online docket alone may not show the full arrest history.
2. Read the current statute and court instructions. Review D.C. Code §§ 16-801 through 16-807 and the applicable parts of § 16-806. The rules differ by conviction, nonconviction, offense type, and date.
3. Confirm filing logistics. Ask the Criminal Information Office about the current motion form, required copies, filing location, and service requirements. This is a check of court procedure, not a question about whether § 16-806 petition law is in effect.
4. Keep the signed order and check implementation. A granted sealing motion is followed by agency actions under the statute. The order’s effect is different from removal of every record from private databases or federal systems.

Actual-innocence expungement

D.C. Code § 16-803 provides a separate expungement motion for certain citations, arrests, or charges on grounds of actual innocence. The statute requires that the case reached a final disposition without a conviction or qualifying acquittal and that the person show, by a preponderance of the evidence, that the offense did not occur or was not committed by them. A copy of the motion must be served on the prosecutor. The statute expressly says a dismissal or acquittal does not by itself create a presumption that the person is innocent or entitled to relief. This is a legal claim requiring evidence, so get legal advice before filing if the facts or record are contested. See the CCRC D.C. profile for secondary analysis.

This route should not be confused with ordinary record sealing. If the goal is to restrict public access to an arrest or conviction record without asserting actual innocence, review the sealing statute and ask the court or a lawyer which process applies.

What a sealed record means

Section 16-807 describes sealing as removing covered records from public view while allowing restricted, nonpublic access by specified parties for specified purposes. A court order does not destroy every copy. Nor does a D.C. order automatically alter federal records, records held in another jurisdiction, news coverage, or all private background-check databases. A consumer reporting company may have stale information; correcting a consumer report is a separate process under federal law.

Do not assume a sealed record can be omitted from every application. The rules may treat ordinary private employment, government positions, licensing, security clearances, and criminal proceedings differently. Get advice about the specific question and purpose before making a disclosure decision.

Legal help in D.C.

Legal Aid DC accepts online intake for expungement and record-sealing matters, subject to its eligibility and case acceptance. The D.C. Bar Advice & Referral Clinic lists record-sealing consultations on select dates. The D.C. Courts’ legal-services directory also lists providers that handle criminal-record sealing. The Public Defender Service’s Community Defender Division provides record-clearing information and may have relevant services. Contact each organization directly to ask about current availability and whether it can help with a motion under the operative law.

Common questions

Will a D.C. record seal automatically happen now?

Not automatically, according to the Superior Court’s current page. Petition-based sealing under § 16-806 is a separate route under the law currently in effect; check the court’s current forms and filing instructions for that motion.

Does a dismissal prove actual innocence?

No. Section 16-803 says a dismissal or acquittal alone does not create that presumption. The actual-innocence motion has its own evidence standard.

Is a sealed record destroyed?

No. The code describes restricted access to nonpublic records and identifies authorized uses.