District of Columbia: Adult Non-Conviction Arrests (DC-NC-5)

Records relating to an arrest not covered by section 16-803(a) that terminated before charging by prosecutors may be sealed by the court after three years, or sooner if the prosecutor waives the waiting period, so long as the person does not have a disqualifying arrest or conviction. D.C. Code §§ 16-803(b)(1)(A), (e), 16-801(5), (9).

Record Detail(s)

Charges not filed

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Hearing

At court's discretion

Clearance Process

Petition-based

Remedy

Seal

Ineligible Category or Citation

None.

Procedure General

The petition 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

The petition may be filed three years after termination before charging, or sooner if the prosecutor waives the waiting period.

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