District of Columbia: Adult Factual Innocence (DC-FI-2)

Records relating to an arrest or charge that terminated without conviction may be sealed by the court on the grounds of actual innocence. D.C. Code § 16-802.

Record Detail(s)

Unlawful or mistaken arrest or charge

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 must be filed in Superior Court, with service on the prosecutor. For specific procedure, see D.C. Code §§ 16-801 et seq.

Fees

No statutory language.

Effect

The person is restored to pre-arrest status and need not disclose the arrest or charge in response to any inquiry. D.C. Code § 16-802(i).

Waiting Periods

There is no statutory language as to any waiting period.

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