(1) "Criminal history provider" means a person or organization that compiles criminal history reports, which include information about District of Columbia Official Code or District of Columbia Municipal Regulations criminal records or the criminal records of District residents, and either uses the reports or provides the reports to a third party. The term "criminal history provider" does not include a government agency or a person or organization that provide reports solely to a government agency for purposes other than determining suitability for government employment.
(2) "Criminal history report" means criminal history information that has been compiled for the purposes of evaluating a person's character or eligibility for employment, housing, or participation in any activity or transaction; except, that information collected or disseminated solely for journalistic purposes shall not be a criminal history report.
(3) "Government agency" means any office, department, division, board, commission, or other agency of the District government, the government of the United States, or the government of another jurisdiction within the United States.
§ 2–1652. Restrictions on criminal history reports.
A criminal history provider:
(1) Shall, unless otherwise prohibited by District or federal law:
(A) Provide the subject of a criminal record with a copy of the criminal history report the criminal history provider used or provided;
(B) State the source of reported information and the date on which the information was received from the source in a criminal history report; and
(C) Use 2 identifiers, such as date of birth and name, before reporting a person's criminal record; and
(2) Shall not, unless otherwise required by District or federal law:
(A) Provide information relating to the following:
(i) A criminal record that has been expunged, sealed, or set aside; and
(ii) A criminal record that the criminal history provider knows is inaccurate; or
(B) Include criminal history information in a criminal history report if the criminal history information has not been updated to reflect changes to the criminal history information occurring 30 days or more before the date the criminal history report is provided.
§ 2–1653. Filing a complaint with the Office of Human Rights; exclusive remedy.
(a) A person claiming to be aggrieved by a violation of this title may file an administrative complaint with the Office of Human Rights within one year after the unlawful discriminatory act, or discovery thereof, in accordance with the procedures set forth in subchapter III of Unit A of Chapter 14 of this title.
(b) The administrative remedies in subsection (a) of this section are exclusive. A person claiming to be aggrieved by a violation of this title shall not have a private cause of action in any court based on a violation of this title.
§ 2–1654. Penalties.
(a) Except as provided in subsection (b) of this section, if the Office of Human Rights determines that there is probable cause to believe that a violation of this title has occurred, it shall certify the complaint to the Commission on Human Rights, which may impose the following penalties, of which half shall be awarded to the complainant and half shall be awarded to the District and deposited into the General Fund:
(1) For a first violation, a fine of up to $1,000; and
(2) For a second or subsequent violation, a fine of up to $5,000.
(b) For any violation of this title that occurs within 6 months after the applicability date of the Second Chance Amendment Act of 2022, passed on 2nd reading on December 20, 2022 (Enrolled version of Bill 24-63), the Commission on Human Rights shall issue warnings and orders to correct instead of imposing a penalty pursuant to subsection (a) of this section.
