§ 16–805. Automatic sealing of criminal records.

*NOTE: This section includes amendments by emergency legislation that will expire on June 19, 2025. To view the text of this section after the expiration of all emergency and temporary legislation, click this link: Permanent Version.*

(a) Except as otherwise provided in this chapter and in subsection (b) of this section, the Court shall order automatic sealing of all criminal records and court proceedings related to:

(1) Citations, arrests, or charges for the commission of a criminal offense; provided, that 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) Citations, arrests, charges, and convictions for the commission of a misdemeanor offense that resulted in a conviction; provided, that a waiting period of at least 10 years has elapsed since completion of the sentence.

(b) The Court shall not order automatic sealing pursuant to this section if the citation, arrest, charge, or conviction is for:

(1) An intrafamily offense, as defined in § 16-1001(8);

(2) Parental kidnapping, as described in § 16-1022;

(3) Criminal abuse of a vulnerable adult or elderly person, as described in § 22-933;

(4) Financial exploitation of a vulnerable adult or elderly person, as described in § 22-933.01;

(5) Refusal or neglect of a guardian to provide for child under 14 years of age, as described in § 22-1102;

(6) Incest, as defined in § 22-1901;

(7) Misdemeanor sexual abuse, as defined in § 22-3006;

(8) Violation of Chapter 30A of Title 22;

(9) Violation of Chapter 31 of Title 22;

(10) Violation of Chapter 31A of Title 22;

(11) An offense for which sex offender registration is required pursuant to Chapter 40 of Title 22, and the registration period has not expired;

(12) Violation of Chapter 40 of Title 22, as described in § 22-4015;

(13) A dangerous crime, as defined in § 23-1331(3);

(14) A crime of violence, as defined in § 23-1331(4);

(15) Driving under the influence (known as DUI) of alcohol or a drug, as described in § 50-2206.11;

(16) Driving under the influence of alcohol or a drug; commercial vehicle, as described in § 50-2206.12; or

(17) Operating a vehicle while impaired, as described in § 50-2206.14.

(1) Related to citations, arrests, and charges sealed pursuant to subsection (a)(1) of this section:

(A) For which 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 on or before September 30, 2027, shall be sealed by October 1, 2027, or within 90 days after termination of the case by the prosecutor or final disposition, whichever is later; and

(B) For which 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 on or after October 1, 2027, shall be sealed by October 1, 2027, or within 90 days after termination of the case by the prosecutor or final disposition, whichever is later; and

(2) Related to citations, arrests, charges, and convictions sealed pursuant to subsection (a)(2) of this section shall be sealed by October 1, 2027, or within 90 days after the expiration of the waiting period, whichever is later.

(May 5, 2007, D.C. Law 16-307, § 2(b), 54 DCR 868; Mar. 10, 2015, D.C. Law 20-186, § 2(c), 61 DCR 12108; Mar. 10, 2023, D.C. Law 24-284, § 101(b), 70 DCR 913; June 8, 2024, D.C. Law 25-175, § 40(a)(2), 71 DCR 2732; Mar. 21, 2025, D.C. Act 26-34, § 2, 0 DCR 0.)

Section References

This section is referenced in § 16-804.

Effect of Amendments

The 2015 amendment by D.C. Law 20-186 rewrote (d).

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 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.

Applicability of D.C. Law 25-175: § 45 of D.C. Law 25-175 provided that the amendment of this section by § 40(a)(2) 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.

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.

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 of Second Chance Clarification Emergency Amendment Act of 2025 (D.C. Act 26-34, Mar. 21, 2025, 0 DCR 0).

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).