District of Columbia: Adult Factual Innocence (DC-FI-1)

Records relating to an incorrectly attributed arrest, when no fingerprints were taken at arrest and no reliable identification was presented by the arrested person, may be sealed by the court. D.C. Code § 16-803(c-2).

Record Detail(s)

Identity theft

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Hearing

At court's discretion

Clearance Process

Petition-based

Remedy

Seal

Ineligible Category or Citation

No statutory language regarding ineligible offenses.

Procedure General

The petition, including an attestation that the person was incorrectly identified, must be filed in Superior Court, with service on the prosecutor. For specific procedure, see D.C. Code §§ 16-803 et seq.

Fees

No statutory language.

Effect

The person need not disclose the arrest in response to any inquiry except when directly questioned for jury service or in an application to an entity specified in D.C. Code §§ 16-803(m), 16-801(11).

Waiting Periods

There is no statutory language as to any waiting period.

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