§ 16–803. Expungement of criminal records by motion.

(a) The Court shall order expungement of all criminal records and court proceedings related only to citations, arrests, or charges for the commission of a criminal offense on the grounds of actual innocence if:

(1) The case was terminated by the prosecutor or otherwise reached a final disposition and did not result in a conviction or acquittal pursuant to § 24-501; and

(2) The person cited, arrested, or charged files a written motion and demonstrates, by a preponderance of the evidence, that the offense for which the person was cited, arrested, or charged:

(A) Did not occur; or

(B) Was not committed by the person.

(b) A motion filed pursuant to subsection (a)(2) of this section:

(1) Shall state:

(A) The grounds upon which eligibility for expungement is based; and

(B) Facts in support of the movant's claim; and

(2) May be:

(A) Accompanied by a statement of points and authorities in support of the motion, and any appropriate exhibits, affidavits, and supporting documents; and

(B) Filed at any time.

(d)(1) If it plainly appears from the face of the motion, any accompanying exhibits, affidavits, and documents, and the record of any prior proceedings in the case, that the movant is not eligible for relief or not entitled to relief, the Court may dismiss or deny the motion.

(2) If the motion is not dismissed or denied after initial review, the Court:

(A) Shall determine whether a hearing on the motion is required; and

(B) May:

(i) Order the prosecutor to file a response to the motion; and

(ii) Set a deadline by which the response shall be filed.

(3) At any hearing on the motion, the movant and the prosecutor may present witnesses and information by proffer or otherwise. Hearsay evidence shall be admissible.

(4) An order dismissing, granting, or denying the motion shall be:

(A) In writing and include reasons for the decision;

(B) A final order for purposes of appeal; and

(5) A motion made pursuant to this section may be dismissed without prejudice to permit the movant to renew the motion after further passage of time.

(6) If the Court denies the motion, the Court shall entertain a second motion for the same relief no sooner than one year after the date on which the order on the initial motion was resolved, unless the second motion raises grounds different than the first motion, in which case, it shall be entertained at any time. If the Court denies the movant's second motion, the Court shall entertain a third and final motion no sooner than one year after the date on which the order on the second motion was resolved, unless the third motion raises grounds different than the first 2 motions, in which case, it shall be entertained at any time.

(7) If the Court grants the motion, it shall summarize in the order the factual circumstances of the challenged citation, arrest, or charge and any post-arrest occurrences it deems relevant, and shall rule as a matter of law that the movant did not commit the offense for which the movant was arrested or that no offense had been committed.

(e) An acquittal or dismissal shall not establish a presumption that the movant is innocent or entitled to relief pursuant to this section.

(f) Eligible criminal records and court proceedings related to citations, arrests, and charges shall be expunged pursuant to subsection (a) of this section within 90 days after a motion is granted.

(May 5, 2007, D.C. Law 16-307, § 2(b), 54 DCR 868; Oct. 22, 2012, D.C. Law 19-183, § 3, 59 DCR 9429; June 15, 2013, D.C. Law 19-319, § 4(b), 60 DCR 2333; Dec. 13, 2013, D.C. Law 20-50, § 4(a), 60 DCR 15151; Mar. 10, 2015, D.C. Law 20-186, § 2(a), 61 DCR 12108; Mar. 10, 2023, D.C. Law 24-284, § 101(b), 70 DCR 913.)

Section References

This section is referenced in § 16-804 and § 16-806.

Effect of Amendments

The 2012 amendment by D.C. Law 19-183 added (c-1).

The 2013 amendment by D.C. Law 19-319 rewrote (a) and (b); substituted “a waiting period of at least 8 years” for “a waiting period of at least 10 years” in (c)(1); added (c-2); and added “In a motion filed under subsections (a), (b), or (c) of this section” in (f).

The 2013 amendment by D.C. Law 20-50 substituted “subsection (a), (c-1), or (c-2) of this section” for “subsection (a) of this section” in (i)(1).

The 2015 amendment by D.C. Law 20-186 repealed (c-1); and substituted “(a) or (c-2)” for “(a), (c-1), or (c-2)” in (i)(1).

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 days) amendment of this section, see § 2(a) of the Criminal Record Sealing Emergency Act of 2013 (D.C. Act 20-99, July 1, 2013, 60 DCR 10009, 20 DCSTAT 1805).

For temporary (90 days) amendment of this section, see § 2(a) of the Criminal Record Sealing Congressional Review Emergency Act of 2013 (D.C. Act 20-168, September 30, 2013, 60 DCR 14734).

Temporary Legislation

For temporary (225 days) amendment of this section, see §§ 2(a) and 3 of the Criminal Record Sealing Temporary Act of 2013 (D.C. Law 20-38, Nov. 5, 2013, 60 DCR 12149).