§ 16–802. Automatic expungement of criminal records.

(a) The Court shall order automatic expungement of all criminal records and court proceedings related only to citations, arrests, charges, or convictions for the commission of a criminal offense that has subsequently been decriminalized, legalized, or held to be unconstitutional by the Court of Appeals for the District of Columbia or the Supreme Court of the United States, or records related only to simple possession for any quantity of marijuana in violation of § 48-904.01(d)(1) before February 15, 2015, if:

(1) The case was terminated by the prosecutor or otherwise reached a final disposition; and

(2) The prosecutor has not:

(A) Filed a written motion, which may be made ex parte, to:

(i) Retain and sequester the record for a limited period of time; or

(ii) Contest that a particular person qualifies for expungement under this section; and

(B) Demonstrated by clear and convincing evidence that:

(i) Retention is necessary for a lawful purpose, such as:

(I) Investigating, prosecuting, or defending another criminal case;

(II) Complying with disclosure obligations in another criminal case; or

(III) Determining the person's suitability for diversion, release, sentencing reduction, or record sealing in another case; or

(ii) The person does not qualify for expungement under this section.

(b) Eligible criminal records and court proceedings related to citation, arrests, charges, and convictions shall be expunged pursuant to subsection (a) of this section by October 1, 2027, or within 90 days after termination of the case by the prosecutor or final disposition, whichever is later.

(May 5, 2007, D.C. Law 16-307, § 2(b), 54 DCR 868; Mar. 10, 2023, D.C. Law 24-284, § 101(b), 70 DCR 913; June 8, 2024, D.C. Law 25-175, § 40(a)(1), 71 DCR 2732.)

Section References

This section is referenced in § 16-806.

Applicability

Section 7290(b) of Law 25-217 amended section 45(a)(1) of D.C. Law 25-175 removing the applicability provision impacting this section. Therefore the amendment of this section by section 40 of Law 25-175 has been implemented.

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 7290(b) of D.C. Act 25-506 amended section 45(a)(1) of D.C. Law 25-175 removing the applicability provision impacting this section. Therefore the amendment of this section by section 40 of Law 25-175 has been implemented.

Section 7290(a) of D.C. Act 25-506 amended section 40(b) of D.C. Law 25-175 changing the applicability date of section 40 of D.C. Law 25-175 to March 1, 2025. Therefore the amendment of this section by section 40 of Law 25-175 has not been implemented.

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.

The District's Chief Financial Officer stated in a letter to the Council's Budget Director, dated October 17, 2024, that the amendment of this section by D.C. Law 25-175 has been funded. Therefore that amendment has been implemented.

Applicability of D.C. Law 25-175: § 45 of D.C. Law 25-175 provided that the amendment of this section by § 40(a)(1) of D.C. Law 25-175 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.

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 days) amendment of this section, see § 7290(a) of Fiscal Year 2025 Budget Support Emergency Act of 2024 (D.C. Act 25-506, July 15, 2024, 71 DCR 8406).