In the District of Columbia, sealing my record on actual innocence
So let’s say you get arrested for a traffic case in the District of Columbia. You knew the police officer made a mistake when he stopped you because you had not violated the law. So the first time you go to court the prosecutor dismisses the case and does not even say why he/she is dismissing it. However, when you go the DC Superior Court website and type in your name you see you have a public arrest record.
In order to get this record sealed so the public can not access it you will have to file a Motion to Seal pursuant to DC Code 16-802. If you want to do immediately you will have to claim actual innocence. Pursuant to the code:
“(b) The burden is on the movant to establish that:
(1) The offense for which the person was arrested or charged did not occur; or
(2) The movant did not commit the offense.”
So with your motion you will have to submit an affidavit that you are innocent of the charges. The Court may or may not set a hearing after the filing of your motion. Remember you must prove by a preponderance of the evidence that you did not commit the violation.
So if you need help with filing the motion to seal, just give us a call. We can tell you whether you are eligible to even file the motion.
Rollins and Chan Law Firm