§ 16–801. Definitions.

For the purposes of this chapter, the term:

(1) "Clerk" means the Clerk of the Superior Court of the District of Columbia.

(2) "Completion of the sentence" means the person has been unconditionally discharged from incarceration, commitment, probation, parole, or supervised release, whichever is latest; provided, that nonpayment of fines, restitution, or any other monetary assessments imposed by the Court shall not prevent completion of a sentence.

(3) "Conviction" means the entry of judgment on a verdict or a finding of guilty, a plea of guilty or a plea of nolo contendere, or a plea or verdict of not guilty by reason of insanity.

(4) "Court" means the Superior Court of the District of Columbia.

(5) "Public" means any person, agency, organization, or entity other than any:

(A) Court;

(B) Federal, state, or local prosecutor;

(D) Licensing agency, with respect to a criminal offense that may disqualify a person from obtaining that license;

(E) Licensed school, day care center, before or after school facility or other educational or child protection agency or facility; and

(F) Government employer or nominating or tenure commission with respect to:

(i) Employment of a judicial or quasi-judicial officer; or

(ii) Employment at a senior-level, executive-grade government position.

(May 5, 2007, D.C. Law 16-307, § 2(b), 54 DCR 868; Mar. 25, 2009, D.C. Law 17-368, § 4(e), 56 DCR 1338; Dec. 10, 2009, D.C. Law 18-88, § 401, 56 DCR 7413; June 15, 2013, D.C. Law 19-319, § 4(a), 60 DCR 2333; Apr. 27, 2021, D.C. Law 23-275, § 3(b), 68 DCR 001086; Mar. 10, 2023, D.C. Law 24-284, § 101(b), 70 DCR 913.)

Section References

This section is referenced in § 16-803, § 16-803.01, and § 16-806.

Effect of Amendments

D.C. Law 17-368, in par. (9)(A), substituted “§ 16-1001(8)” for “§ 16-1001(5)”.

D.C. Law 18-88, in par. (9)(Z), substituted “Attempted identify theft” for “Attempted theft”.

The 2013 amendment by D.C. Law 19-319 rewrote (9)(A).

Applicability

Section 7290(a) of D.C. Law 25-217 amended section 40(b) of D.C. Law 25-175, amending section 301 of D.C. Law 24-284 making the amendment of this section by section 101(b) of D.C. Law 24-284 applicable as of March 1, 2025.

Section 40(b) of D.C. Law 25-175 amended section 301 of D.C. Law 24-284 changing the applicability provision impacting this section to October 1, 2024. Therefore the amendment of this section by section 101(b) of Law 24-284 will be implemented on October 1, 2024.

Section 7088 of D.C. Law 25-50 amended section 301 of D.C. Law 24-284 changing the applicability provision impacting this section to January 1, 2026. Therefore the amendment of this section by section 101(b) of Law 24-284 will be implemented on January 1, 2026.

Applicability of D.C. Law 24-284: § 301 of D.C. Law 24-284 provided that the change made to this section by § 101(b) of D.C. Law 24-284 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented.

Emergency Legislation

For temporary (90 day) amendment of section, see § 401 of Omnibus Public Safety and Justice Emergency Amendment Act of 2009 (D.C. Act 18-181, August 6, 2009, 56 DCR 6903).

For temporary (90 day) amendment of section, see § 401 of Omnibus Public Safety and Justice Congressional Review Emergency Amendment Act of 2009 (D.C. Act 18-227, October 21, 2009, 56 DCR 8668).