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District of Columbia

Adult Criminal Record Clearance Overview

Adult criminal records for cases in which you were convicted are eligible for sealing in some situations. You have to file a petition in court to start the process. 

  • If you were convicted of certain misdemeanor or felony offenses and do not have any disqualifying convictions, the record can be sealed eight years after you complete your sentence, or earlier if the prosecutor waives the waiting period. It is up to the judge whether or not to grant your petition. 
  • If you were convicted of an offense that is later decriminalized, the record can be sealed at any time. If you meet the criteria, the judge has to grant the petition. 
  • Records relating to a conviction that resulted from being a victim of human trafficking can be expunged by the court immediately. 

Adult criminal records for arrests for which you were never convicted are eligible for sealing. You have to file a petition in court to start the process, and it is up to the judge whether or not to grant your petition. 

  • If you were arrested for an eligible misdemeanor but not convicted and you have no prior disqualifying convictions, the record can be sealed two years after the case ends, or sooner if the prosecutor waives the waiting period. 
  • If you were arrested for an eligible misdemeanor but not convicted and you have a prior disqualifying misdemeanor conviction, the record can be sealed five years after you complete your sentence for the disqualifying misdemeanor and two years after the case ends without a conviction. 
  • If you were arrested for an eligible misdemeanor but not convicted and you have a prior disqualifying felony conviction, the record can be sealed 10 years after you complete your sentence for the felony conviction and two years after the case ends without a conviction. 
  • If you were arrested for an offense other than an eligible misdemeanor but not charged and you have no prior disqualifying convictions, the record can be sealed three years after the case ends, or sooner if the prosecutor waives the waiting period. 
  • If you were arrested for an offense other than an eligible misdemeanor but not charged and you have a prior disqualifying misdemeanor conviction, the record can be sealed, so long as it has been five years since you completed your sentence for the disqualifying misdemeanor and three years since the case ended without a conviction. 
  • If you were arrested for an offense other than an eligible misdemeanor but not charged and you have a prior disqualifying felony conviction, the record can be sealed, so long as it has been 10 years since you completed your sentence for the disqualifying misdemeanor and three years since the case ended without a conviction. 
  • If you were arrested for an offense other than an eligible misdemeanor but not convicted and you have no prior disqualifying convictions, the record can be sealed four years after the case ends, or sooner if the prosecutor waives the waiting period. 
  • If you were arrested for an offense other than an eligible misdemeanor but not convicted, the non-conviction was not because you completed a deferred sentencing program, and you have a prior disqualifying misdemeanor conviction, the record can be sealed. You are only eligible if it has been five years since you completed your sentence for the disqualifying misdemeanor and four years since the case ended without a conviction. 
  • If you were arrested for an offense other than an eligible misdemeanor but not convicted, the non-conviction was not because you completed a deferred sentencing program, and you have a prior disqualifying misdemeanor conviction, the record can be sealed. You are only eligible if it has been five years since you completed your sentence for the disqualifying misdemeanor and four years since the case ended without a conviction.  
  • If you were arrested for an offense other than an eligible misdemeanor but not convicted, the non-conviction was not because you completed a deferred sentencing program, and you have a prior disqualifying felony conviction, the record can be sealed. You are only eligible if it has been 10 years since you completed your sentence for the disqualifying misdemeanor and four years since the case ended without a conviction. 
  • If you were arrested as a fugitive from justice but not convicted, the record can be sealed after you appear before the court in the other jurisdiction. If you meet certain criteria, the judge has to grant the petition. If you do not meet the criteria, it is up to the judge whether or not to grant your petition. 
  • If you were arrested because of mistaken identity or arrested but not convictedbecause you werefactually innocent, the record can be sealed. It is up to the judge whether or not to grant your petition. 
  • Records relating to an arrest or terminated prosecution for conduct that was a direct result of being a victim of human trafficking can be expunged by the court immediately. 

Adult Criminal Record Clearance Policies

    Records relating to eligible misdemeanor or felony convictions may be sealed by the court eight years after sentence completion, 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(c), (e).
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    Records relating to a criminal offense that has been decriminalized may be sealed by the court at any time. D.C. Code § 16-803.02.
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    Records relating to a conviction that resulted from being a victim of human trafficking can be expunged by the court immediately. D.C. Code § 22-1844.
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    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).
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    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.
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    Records relating to certain misdemeanor charges that terminated without conviction may be sealed by the court after two 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.
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    Records relating to charges that terminated without conviction may be sealed by the court five years after sentence completion for a prior misdemeanor, or sooner if the prosecutor waives the waiting period, unless the present case terminated without conviction because of a deferred sentencing agreement. D.C. Code §§ 16-803(a)(2)(A), (b)(2)(A), (e).
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    Records relating to charges that terminated without conviction may be sealed by the court 10 years after sentence completion for a prior felony, or sooner if the prosecutor waives the waiting period, unless the present case terminated without conviction because of a deferred sentencing agreement. D.C. Code §§ 16-803(a)(2)(B), (b)(2)(B), (e).
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    Records relating to charges not covered by section 16-803(a) that terminated without conviction may be sealed by the court after four 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).
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    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).
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    Records relating to an arrest in the District of Columbia on the basis that the person was a fugitive from justice may be sealed by the court once the person has appeared before an official in the other jurisdiction. D.C. Code § 16-803.01.
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    Records relating to an arrest or terminated prosecution for conduct that was a direct result of being a victim of human trafficking can be expunged by the court immediately. D.C. Code § 22-1844.
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    Juvenile Record Clearance Overview

    Below is a general overview of when juvenile records can be vacated or sealed in the District of Columbia. Please note that the Clean Slate Clearinghouse does not provide legal advice. 

    Read the legal policies and statutes for detailed statutory information. 

    Juvenile Record Clearance Policies Overview 

    • Most juvenile recordscan be vacated and sealedtwo years after your discharge. You have to submit a request to the court to start the process, and the judge is required to grant your request if you meet the criteria. 
    • Even if you were never charged, there may be police records that can be sealed two years after your release from police custody for that charge. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request. 
    • If you can prove that you are actually innocent, you can file a request with the court to seal your record at any time. It is up to the judge whether or not to grant your request. 

    If you have certain convictions or adjudications on your record, you may not be eligible to have your record vacated or sealed. 

    Find a Lawyer 

    If you think you might be eligible to have your record vacated or sealed, find a lawyer who may be able to help you. Some lawyers might help you for free, although you may still need to pay a fee to file the paperwork in court. 

    Court Forms and Resources 

    If you cannot find a lawyer to help you, you may be able to file a petition on your own using these court forms and resources. 

    Juvenile Record Clearance Policies

      Records relating to a delinquency matter where the youth was charged shall be vacated and sealed by the court upon petition, so long as two years have elapsed from final discharge or final entry and the person is not subject to a disqualifying event. D.C. Code § 16-2335(a)(1)(B).
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      Records relating to a delinquency matter where the youth was not charged shall be vacated and sealed by the court upon petition, so long as two years have elapsed from final discharge or final entry and the person is not subject to a disqualifying event. D.C. Code § 16-2335(a)(1)(B).
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      Records relating to a juvenile arrest or petition that was terminated without adjudication may be sealed by the court at any time upon motion on grounds of actual innocence. D.C. Code § 16-2335.02(a).
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      Find A Lawyer

      Legal service providers located in the state.

      Contact information for legal aid organizations, bar associations, and other organizations that engage in record clearance work is provided for informational purposes only. The NRRC does not endorse or recommend any organization or individual referenced on the site. If you are a legal service provider who offers record clearance services, please contact us.

      Court Forms & Resources

      No forms or resources available.