District of Columbia Expungement and Record Sealing Laws (2025)
District of Columbia Expungement and Record Sealing Laws
The District of Columbia provides two distinct forms of relief under D.C. Code § 16-801 et seq.: expungement (destruction of records) and sealing (removal from public view). The Second Chance Amendment Act of 2022 (D.C. Law 24-284, effective March 10, 2023) restructured the entire framework and introduced automatic expungement and automatic sealing for many categories of records, with a phased implementation running through October 1, 2027.
Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.
Jurisdiction scope: This article covers record sealing and expungement law in the District of Columbia only. For a comparison across all states, see Expungement Laws by State.
Expungement vs. Sealing in the District of Columbia
The District of Columbia treats expungement and sealing as two separate remedies with different legal effects. Under D.C. Code § 16-804, expungement requires agencies to remove identifying information from all publicly available physical and electronic records; the person may respond to any inquiry that no records exist, and the court need not redact names from previously published judicial opinions. Sealing, governed by § 16-807, removes records from public view but retains them in restricted, nonpublic files accessible to prosecutors, law enforcement, and courts for limited purposes such as sentencing enhancements and firearm prohibition checks.
After either form of relief, D.C. Code §§ 16-804 and 16-807 each provide that the person "shall not be held to be guilty of perjury or otherwise giving a false statement by reason of failure to recite or acknowledge" the underlying citation, arrest, charge, or conviction. In practice, DC grants expungement only for records tied to decriminalized or legalized offenses, or for non-conviction records on actual-innocence grounds; the broader motion-based system operates through sealing.
Automatic Expungement: Decriminalized and Marijuana Offenses
D.C. Code § 16-802 (as restructured by D.C. Law 24-284) requires the Superior Court to automatically expunge records "related only to citations, arrests, charges, or convictions for the commission of a criminal offense that has subsequently been decriminalized, legalized, or held to be unconstitutional." This includes simple marijuana possession offenses predating DC's legalization.
The automatic expungement process requires no petition from the individual. Two conditions trigger the order: the case must have reached final disposition, and the prosecutor must not file a motion to retain the records by demonstrating clear and convincing evidence that retention serves a lawful purpose, such as an open investigation into another offense.
For records that existed before the Second Chance Amendment Act's effective date, the court must complete expungement by October 1, 2027, or within 90 days after case termination, whichever is later (D.C. Code § 16-802). The law applies retroactively under § 16-808.
Automatic Sealing: Non-Conviction Cases and Misdemeanor Convictions
D.C. Code § 16-805 establishes automatic sealing for two categories of records without any motion or application.
Non-conviction records. The court must automatically seal citations, arrests, and charges where the case ended without a conviction and without an acquittal by reason of insanity. These records must be sealed within 90 days after the case is terminated by the prosecutor or reaches final disposition. For records predating the Act, the deadline is October 1, 2027, or 90 days after termination, whichever is later.
Eligible misdemeanor convictions. After 10 years from completion of sentence, the court must automatically seal citations, arrests, charges, and the conviction itself for eligible misdemeanor offenses. The same October 1, 2027 deadline applies to pre-existing cases that have already crossed the 10-year mark. Offenses permanently excluded from automatic sealing include: intrafamily offenses (domestic violence), sexual abuse and exploitation crimes, offenses against vulnerable adults or children, dangerous crimes, crimes of violence, DUI and related driving offenses, sex offender registration violations, stalking, and non-consensual pornography offenses (D.C. Code § 16-805).
Sealing by Motion: Non-Conviction Records
Under D.C. Code § 16-806, a person may file a motion to seal records relating to a citation, arrest, or charge that did not result in a conviction. For offenses not listed in § 16-805(b), such a motion must be filed prior to October 1, 2027; for offenses listed in § 16-805(b), no such deadline applies. This motion pathway is available even before the automatic sealing process runs. The motion must state the grounds for eligibility and may include supporting documents, affidavits, and legal authorities.
The court may dismiss the motion on its face if ineligibility is apparent, or it may order the prosecutor to respond within a set deadline. Hearsay is admissible at any hearing. The court must issue a written decision within 180 days of the filing date, unless good cause for delay exists. If denied, a second motion may be filed one year later, or sooner if it raises different grounds; a third and final motion follows the same one-year rule.
Non-conviction sealing is not subject to the exclusions that apply to conviction sealing; the primary requirement is that the case did not result in a conviction.
Sealing by Motion: Conviction Records
For records that resulted in a conviction, D.C. Code § 16-806 permits sealing under an interests-of-justice standard, but mandatory waiting periods and categorical exclusions apply.
Waiting periods from completion of sentence:
- Misdemeanor convictions: at least 5 years
- Felony convictions: at least 8 years
The court weighs the applicant's interest in rehabilitation and reintegration against the community's interest in retaining access to the records. Factors include the nature and circumstances of the offense, evidence of rehabilitation, victim statements, and the prosecutor's position. The applicant must demonstrate that sealing serves the interests of justice.
Permanent exclusions. Felony offenses classified in Severity Groups 1, 2, or 3 under the DC sentencing grid are permanently ineligible for sealing by motion; misdemeanor convictions in those groups remain eligible after the 5-year waiting period. Additional categorical exclusions mirror those for automatic sealing: intrafamily offenses, sexual abuse, dangerous crimes, crimes of violence, DUI, and related serious offenses (D.C. Code §§ 16-806, 16-801).
Procedurally, the same rules apply as for non-conviction motions: written decision within 180 days, refiling allowed after one year, and a maximum of three motions.
Effect of Relief and Retroactivity
Once a record is sealed under § 16-807, the person may deny the arrest, charge, or conviction occurred in response to any public inquiry, including on job applications. Sealed records remain accessible within the criminal justice system for specific purposes such as determining eligibility for diversion programs, assessing sentencing enhancements, and conducting background checks for firearms.
Once a record is expunged under § 16-804, the clerk must respond to public inquiries by stating that no records are available. Agencies must file a certification within 90 days confirming that expungement is complete. Even after expungement, prosecutors and law enforcement may access records with court approval and appropriate protective measures for purposes such as investigating other offenses.
The Second Chance Amendment Act explicitly makes all relief under Chapter 8 retroactive (D.C. Code § 16-808), meaning individuals may seek sealing or expungement for offenses processed well before March 10, 2023. Implementation has been phased: various provisions carry applicability dates tied to budget contingencies, with most automatic processes targeting completion by October 1, 2027.
Disclaimer: This article provides general legal information about record sealing and expungement law in the District of Columbia. It is not legal advice and does not apply to every individual situation. Laws change; verify current requirements with the Superior Court of the District of Columbia or an attorney licensed in the District of Columbia. Information last verified May 29, 2026.
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RecordingLaw.com provides general legal information, not legal advice. Consult an attorney licensed in the District of Columbia for guidance specific to your situation.