How far back does a background check go in DC?

DC does not have a traditional time limit on conviction reporting. However, DC's Clean Slate law (Second Chance Amendment Act of 2022) will automatically expunge eligible misdemeanor convictions 10 years after sentence completion starting January 1, 2026. Arrests without conviction cannot be considered by employers at all. The combination of strong ban-the-box protections and expanding expungement effectively limits the long-term impact of criminal records.

When can a DC employer ask about my criminal history?

Under DC's Ban the Box Act, employers with 11 or more employees cannot ask about criminal history until after making a conditional offer of employment. This means no questions on the application, no questions during the interview, and no background check until after the conditional offer.

Can a DC employer withdraw a job offer because of my criminal record?

Only under specific circumstances. After a conditional offer, the employer must conduct an individualized assessment considering the nature of the offense, time elapsed, the nature of the job, and evidence of rehabilitation. If they still want to withdraw the offer, they must give you specific written notice identifying the conviction(s) and give you an opportunity to respond before making a final decision.

Can arrest records be used against me by employers in DC?

No. DC law prohibits employers from considering arrests, accusations, or charges that did not result in conviction. The Clean Slate law also provides automatic expungement of non-conviction arrest records, which will remove them from databases entirely.

What records are NOT covered by DC's Clean Slate law?

The automatic expungement provisions primarily cover misdemeanors and non-conviction records. Felony convictions are generally not eligible for automatic expungement but may be eligible for sealing by petition under the expanded provisions. Certain serious offenses, including violent crimes and sex offenses, have additional restrictions on sealing eligibility.

Can I petition to seal my record before the automatic process starts?

Yes. DC has had petition-based record sealing since 2006, and the Second Chance Amendment Act of 2022 expanded eligibility for this process effective March 1, 2025. You can petition the DC Superior Court to seal eligible records without waiting for the automatic process. Legal aid organizations in DC can help you with this process at no cost.

How do I check my criminal record in DC?

You can request your criminal history record from the Metropolitan Police Department (MPD). Reviewing your record helps you understand what is currently visible, check for errors, and determine whether any records may be eligible for sealing or expungement. This is an important step toward building your fresh start.

District of Columbia Background Check Laws

Mixed / conditional limitsLast updated: 2026-04-01

DC takes a mixed approach — there is no traditional 7-year conviction lookback limit, but DC's Clean Slate law (Second Chance Amendment Act 2022) will automatically expunge many records. Employers cannot ask about criminal history until after a conditional offer, and arrests without conviction cannot be considered.

Overview

The District of Columbia provides some of the strongest protections in the nation for people with criminal records seeking employment and a fresh start. While DC is sometimes listed as a 7-year lookback jurisdiction, its approach is more nuanced — combining robust ban-the-box protections, strong restrictions on employer use of criminal records, and a landmark Clean Slate law that will fundamentally change how criminal records affect residents' lives. DC's Fair Criminal Record Screening Act (Ban the Box Act of 2014) covers all private employers with 11 or more employees. It prohibits criminal history inquiries until after a conditional offer of employment and requires employers to conduct an individualized assessment before withdrawing an offer based on criminal history. The law also prohibits employers from considering arrests, charges that did not result in conviction, and certain other records. DC's Second Chance Amendment Act of 2022 is one of the most comprehensive Clean Slate laws in the country. It provides automatic expungement of eligible records beginning January 1, 2026 (with some provisions effective March 1, 2025). The law covers decriminalized offenses, certain marijuana offenses, non-conviction arrest records, and eligible misdemeanor convictions 10 years after sentence completion. This represents a genuine commitment to giving DC residents a meaningful second chance.

How Far Back Does a Background Check Go in District of Columbia?

Record Type	Rule in District of Columbia
Felony Convictions	Felony convictions generally can be reported indefinitely. Some felony records may be eligible for expungement by petition under existing DC law, but the automatic Clean Slate provisions primarily cover misdemeanors.
Misdemeanor Convictions	Misdemeanors can be reported until expunged. Under the Clean Slate law, eligible misdemeanor convictions will be automatically expunged 10 years after sentence completion (effective January 1, 2026).
All Convictions	No traditional state lookback limit on conviction reporting. However, DC's Clean Slate law (effective 2025-2026) will automatically expunge eligible misdemeanor convictions 10 years after sentence completion, effectively creating a time limit for covered offenses.
Arrests (No Conviction)	Arrests not resulting in conviction cannot be considered by employers under DC law. The Clean Slate law also provides automatic expungement of non-conviction arrest records.
Pending Cases	Pending criminal cases can be reported on a background check and considered by employers.

Ban the Box / Fair Chance

Yes — covers private employers

DC's Fair Criminal Record Screening Act (Ban the Box Act of 2014) covers all private employers with 11 or more employees and all DC government employers. Key provisions: (1) Employers CANNOT inquire about criminal history until after making a conditional offer of employment. (2) After a conditional offer, employers can conduct a background check but must perform an individualized assessment before withdrawing the offer based on criminal history. (3) Employers cannot consider: arrests, accusations, or charges that did not result in conviction; convictions that have been sealed or expunged; and juvenile adjudications. (4) If the employer decides to withdraw the offer, they must provide written notice identifying the specific conviction(s) and give the applicant an opportunity to respond. (5) The DC Office of Human Rights enforces the law.

Effective: 2014

Clean Slate / Auto-Sealing

Yes — automatic sealing

DC's Second Chance Amendment Act of 2022 is one of the most comprehensive Clean Slate laws in the country. Key provisions: (1) Effective March 1, 2025: expanded eligibility for petition-based sealing and expungement, including broader categories of offenses. (2) Effective January 1, 2026: automatic expungement begins for eligible records, including: decriminalized offenses, certain marijuana-related offenses, non-conviction arrest records (acquittals, dismissals, no-papered cases), and eligible misdemeanor convictions 10 years after completion of sentence. (3) Automatically expunged records are treated as if they never existed — they cannot appear on background checks and individuals can deny the existence of the record. (4) The law also makes it easier to seal certain felony convictions by petition. (5) The DC Superior Court works with the Metropolitan Police Department and other agencies to implement automatic processing.

Effective: 2025-03-01

What Employers Can Do in District of Columbia

When can employers ask about criminal history?: Employers with 11+ employees cannot ask about criminal history until after making a conditional offer of employment. This applies to job applications, interviews, and any pre-offer stage. DC government employers follow the same restriction.
What can they consider?: After a conditional offer, employers can consider conviction history but must perform an individualized assessment weighing: the nature of the offense, time elapsed, the nature of the job, evidence of rehabilitation, and any other relevant information. Employers CANNOT consider: arrests without conviction, sealed or expunged records, juvenile adjudications, or decriminalized conduct. If withdrawing an offer, the employer must provide specific written notice and an opportunity for the applicant to respond.
Individualized assessment required?: Yes — employers must evaluate each applicant individually, considering the nature of the offense, time elapsed, and relevance to the job.

Key Laws in District of Columbia

Fair Criminal Record Screening Act (Ban the Box Act of 2014)(2014)
Comprehensive ban-the-box law covering private employers with 11+ employees and DC government. Prohibits criminal history inquiry before conditional offer, requires individualized assessment, and mandates written notice and response opportunity before adverse action.
Second Chance Amendment Act of 2022(2022)
Landmark Clean Slate law providing automatic expungement of eligible records beginning January 1, 2026 (some provisions effective March 1, 2025). Covers decriminalized offenses, marijuana offenses, non-conviction arrest records, and eligible misdemeanor convictions 10 years after sentence completion.
DC Criminal Record Sealing Act of 2006 (as amended)(2006)
Establishes the framework for sealing criminal records in DC by petition. Allows sealing of non-conviction records (acquittals, dismissals) and eligible conviction records after waiting periods. The Second Chance Amendment Act of 2022 expands and builds upon this foundation.
Fair Credit Reporting Act (FCRA)(1970)
Federal law providing baseline protections. DC's local laws generally provide stronger protections and take precedence where they offer greater protection to applicants.

Frequently Asked Questions — District of Columbia

How far back does a background check go in DC?: DC does not have a traditional time limit on conviction reporting. However, DC's Clean Slate law (Second Chance Amendment Act of 2022) will automatically expunge eligible misdemeanor convictions 10 years after sentence completion starting January 1, 2026. Arrests without conviction cannot be considered by employers at all. The combination of strong ban-the-box protections and expanding expungement effectively limits the long-term impact of criminal records.
What does DC's Clean Slate law (Second Chance Amendment Act) do?: Starting January 1, 2026, eligible records will be automatically expunged, including: decriminalized offenses, certain marijuana convictions, non-conviction arrest records, and eligible misdemeanor convictions 10 years after sentence completion. Some provisions expanding petition-based sealing took effect March 1, 2025. Once expunged, records are treated as if they never existed.
When can a DC employer ask about my criminal history?: Under DC's Ban the Box Act, employers with 11 or more employees cannot ask about criminal history until after making a conditional offer of employment. This means no questions on the application, no questions during the interview, and no background check until after the conditional offer.
Can a DC employer withdraw a job offer because of my criminal record?: Only under specific circumstances. After a conditional offer, the employer must conduct an individualized assessment considering the nature of the offense, time elapsed, the nature of the job, and evidence of rehabilitation. If they still want to withdraw the offer, they must give you specific written notice identifying the conviction(s) and give you an opportunity to respond before making a final decision.
Can arrest records be used against me by employers in DC?: No. DC law prohibits employers from considering arrests, accusations, or charges that did not result in conviction. The Clean Slate law also provides automatic expungement of non-conviction arrest records, which will remove them from databases entirely.
What records are NOT covered by DC's Clean Slate law?: The automatic expungement provisions primarily cover misdemeanors and non-conviction records. Felony convictions are generally not eligible for automatic expungement but may be eligible for sealing by petition under the expanded provisions. Certain serious offenses, including violent crimes and sex offenses, have additional restrictions on sealing eligibility.
Can I petition to seal my record before the automatic process starts?: Yes. DC has had petition-based record sealing since 2006, and the Second Chance Amendment Act of 2022 expanded eligibility for this process effective March 1, 2025. You can petition the DC Superior Court to seal eligible records without waiting for the automatic process. Legal aid organizations in DC can help you with this process at no cost.
How do I check my criminal record in DC?: You can request your criminal history record from the Metropolitan Police Department (MPD). Reviewing your record helps you understand what is currently visible, check for errors, and determine whether any records may be eligible for sealing or expungement. This is an important step toward building your fresh start.

District of Columbia Resources

DC Superior Court — Record Sealing Program
Information about sealing and expungement of criminal records in DC, including eligibility requirements and petition forms.
DC Office of Human Rights
Enforces DC's Fair Criminal Record Screening Act (ban-the-box). File complaints here if an employer violates the law.
Legal Aid Society of the District of Columbia
Provides free legal assistance to low-income DC residents, including help with record sealing petitions and employment rights.
DC Public Defender Service — Community Defender Division
Offers reentry services and legal assistance, including help with record sealing and navigating the criminal record process.
Metropolitan Police Department — Criminal History Records
Request your own criminal history record to check for accuracy and understand what is currently visible on your background check.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in District of Columbia for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

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