They have to remove any public records related to the case. They are required to hang onto the records, but they are not acceptable to the public. Various entities must certify to the court within 90 days that the record has, in fact, been removed from the publicly available records and databases.
The person can claim that the case in question never happened and they cannot be liable for perjury or making a false statement when they say things to that effect. Record expungement and sealing can be done for all types of reasons. The main reason is that even when someone has a case dismissed or otherwise resolved favorably. Very often, for jobs, professional licensing, or for other circumstances, someone might be asked about their criminal record.
A criminal record could cause issues with obtaining a job, getting a professional license, or leasing an apartment. Therefore, the individual in question may want to have their record expunged or sealed. Employment reasons and then personal reasons are the two main reasons why people like to get their records expunged. Matthew Wilson. Persons with disqualifying felonies must wait A person who has been convicted of an eligible misdemeanor or felony may file for expungement 8 years after the completion of the sentence.
The DC Code enumerates a list of what Judges may consider in deciding whether or not to grant an expungement. Judges may also consider the nature and circumstance of the offense. Xpunge Me! Text or email [email protected] to schedule a free expungement evaluation of your case! DC Rules on Expungement — D. Any open charges or prior convictions would render the person ineligible for relief.
The burden is on the person filing the motion to establish by clear and convincing evidence that it is in the interest of justice for the judge to grant relief. The effect of an expungement under D. A person who has been the subject of juvenile proceedings in D.
The person needs to wait until two years after the person has been released from court supervision. Upon entry of the order, the proceedings will be treated as if they never occurred. Expunging a criminal record for a decriminalized offense. A person who has been arrested for, charged with, or convicted of a criminal offense that was later decriminalized or legalized may file a motion to seal the record at any time.
For example, now that possession of a small amount of marijuana is now legal in D. The Youth Rehabilitation Act in D. It does not matter how old the person is today or whether or not the Youth Act was was even in effect at the time of the offense. See below. To seal records of the arrest, the person must still file a motion under D.
The first way is to seal a misdemeanor drug arrest or conviction under the Criminal Records Sealing Act. This is described in greater detail above under the discussion of D. The second — and better way, if available — would be to expunge the record under a provision of the Controlled Substances Act: D.
Applying only to people who have never been convicted of a drug offense before, either in D. Instead of entering the guilty judgment into the record and sentencing the defendant, the court puts the defendant on a period of probation for up to a year. If the court finds during this period that the defendant has violated the terms of this probation, the court will enter the guilty judgment and convict the defendant. If, however, the court finds that the defendant has completed the probation successfully, it can discharge the defendant from probation and dismiss the case.
The defendant can then file a motion to expunge his or her record. One benefit of treatment under this provision is that it applies to both felony and misdemeanor drug cases.
Fortunately, D. Superior Court to unseal records for a limited purpose and then to re-seal the records once this purpose has been achieved. The word itself suggests that the record is completely destroyed, erased, obliterated, wiped out. They are just not accessible to the public. For example, a criminal record under D. It is simply hidden from public view, and there are certain instances in which it must still be disclosed. At other times, D. For example, although D.
In other words, in the eyes of the law, it is as if the whole criminal case never happened. This sounds more like expungement than sealing. This could involve multiple parties. For example, there are two different prosecuting offices in the District: the Office of the U. Attorney and the Office of the Attorney General. Capitol Police, the U. Park Police, and, in unusual cases, the U.
Secret Service. Department of Corrections.
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