Sealing and Expungement

Whether one is arrested, charged, acquitted, convicted, or has an outstanding warrant, the courts and law enforcement are almost certain to keep and maintain a record of that incident. Even those who have had their convictions set-aside under the District of Columbia’s Youth Rehabilitation Act still have a record showing the initial arrest, and would have to take additional steps to seal the record of the arrest. Further, those records are typically public information and employers, volunteer groups, credit bureaus, etc. can easily access such records. Persons with criminal records often face a number of serious consequences that can stand as barriers to employment and housing opportunities, public benefits, educational financial aid and more.

 

THE RECORD SEALING ACT

The Council of the District of Columbia has offered some relief to persons with a criminal record by passing the Criminal Record Sealing Act of 2006. The law allows persons with eligible arrests and convictions to petition the Court to seal some or all of their criminal record.

In the past, the court would order a person’s record sealed only if the case was somehow dismissed before trial, only if the person requested sealing within strict and short time limits, and only if the person could prove s/he was innocent of the crime for which s/he was arrested. Under the Criminal Record Sealing Act, a person may still request the court to seal his/her record but there are no time limits for filing and the person may file for any case that did not result in a conviction, such as an acquittal after trial. The law now goes farther and allows persons to try to seal their records without regard to their innocence—either because they cannot prove they are innocent or because they are not innocent. Certain convictions are now also eligible for sealing. While the extent of a person’s record and the basic facts of the case to be sealed might be factors a judge considers when deciding whether to order someone’s record sealed, the judge’s decision should be based more on what the person has done with his life since his involvement with the criminal justice system and what the person hopes to do with his life if his record is sealed. The non-innocence part of the Criminal Record Sealing Act has a number of conditions and restrictions and a number of people will only be able to seal part of their record or will not be eligible to seal any of their record. A close reading of the law and an examination of a person’s full criminal record, in DC and elsewhere, is necessary to determine eligibility.

CALL OR EMAIL US TODAY FOR YOUR FREE ASSESSMENT OF WHETHER YOUR RECORD CAN BE EXPUNGED

 

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