District of Columbia (DC) — Expungement & Record Clearing
Yes, you can seal your criminal record in the District of Columbia under D.C. Code Title 16, Chapter 8. The Second Chance Amendment Act of 2022, which applies as of March 1, 2025, lets people ask the court to seal any misdemeanor conviction after 5 years and most felony convictions after 8 years (except the most serious felonies in Offense Severity Groups 1–3). It also provides for automatic sealing of most non-conviction records and of misdemeanor convictions after 10 years, but the court has until October 1, 2027 to do this and, as of 2026, reports no automatic sealing yet. DUI and domestic-violence convictions are excluded from automatic sealing but can be sealed by motion. Free legal help is available through Legal Aid DC and Rising for Justice. Below is the complete guide with eligibility, step-by-step process, costs, timeline, and FAQ.
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Overview
The District of Columbia allows criminal records to be sealed under D.C. Code Title 16, Chapter 8, and expunged in limited circumstances. The Second Chance Amendment Act of 2022 (D.C. Law 24-284), which took effect on March 1, 2025, significantly expanded eligibility for both petition-based and automatic sealing. The law makes sealing automatic for most non-conviction records and for misdemeanor convictions 10 years after the sentence is completed, but the court has until October 1, 2027 to carry it out, and as of 2026 the D.C. Courts report that no cases are being automatically sealed or expunged yet. Felony convictions can be sealed only by motion. Expungement (complete destruction of the record) is available for decriminalized offenses, unconstitutional convictions, and on grounds of actual innocence.
Official term: Record Sealing / Expungement — D.C. distinguishes between "sealing" (records removed from public view, with restricted access for specific parties) and "expungement" (the person is legally restored to their pre-arrest status; agencies may keep a nonpublic, restricted-access file). Most relief is sealing; expungement is reserved for actual innocence, decriminalized offenses, and unconstitutional convictions.
What can be cleared in District of Columbia, by record type
Checked against the statutes and official court or agency pages on . Informational only, not legal advice — the exact offense, sentence, dates and later cases decide whether a particular record qualifies.
The District of Columbia uses two statutory terms in D.C. Code Title 16, Chapter 8: "sealing" and "expungement." Sealing removes records from public view while allowing restricted, nonpublic access by specific parties for specific purposes. Expungement restores the person, in the contemplation of the law, to the status they had before the citation, arrest, charge or conviction; even after expungement, agencies may keep the records in a nonpublic, restricted-access file (so expungement does not mean physical destruction). D.C. also has a separate "set aside" remedy for youth offenders under the Youth Rehabilitation Act (D.C. Code § 24-906). The relief in Chapter 8 applies retroactively.
Sources: D.C. Code § 16-807 (D.C. Law Library) (§ 16-807(a)); D.C. Code § 16-804 (D.C. Law Library) (§ 16-804(a); § 16-804(c)(1)(B)); D.C. Code § 24-906 (D.C. Law Library) (§ 24-906(a)); D.C. Code § 16-808 (D.C. Law Library) (§ 16-808)
Arrest or charge with no conviction
Generally availableSome automatic relief- Remedy
- Automatic sealing (D.C. Code § 16-805(a)(1)); sealing by motion (§ 16-806(a)(1)); expungement by motion on grounds of actual innocence (§ 16-803)
- Waiting period
- No single period — see the conditions below
Records of a citation, arrest or charge that ended without a conviction (other than a not-guilty-by-reason-of-insanity acquittal) can be sealed. The law makes sealing automatic for most such records, but the court has until October 1, 2027 (or 90 days after the case ends, whichever is later) to do it, and the D.C. Courts website says no cases are being automatically sealed yet; a person can file a motion now, showing that sealing is in the interests of justice. Separately, a person can move at any time to have the record expunged by proving the offense did not occur or was not committed by them.
- Automatic sealing does not apply to listed offenses, including intrafamily offenses, sex offenses, dangerous crimes, crimes of violence and DUI/DWI/OWI (motion sealing remains available for these at any time)
- For offenses not on that list, a sealing motion must be filed before October 1, 2027 (after that date the record is to be sealed automatically)
- Acquittals by reason of insanity (§ 24-501) are not covered
Sources: D.C. Code § 16-805 (D.C. Law Library) (§ 16-805(a)(1); § 16-805(c)(1)(A); § 16-805(b)(1); § 16-805(b)(13)–(15)); D.C. Code § 16-806 (D.C. Law Library) (§ 16-806(a)(1)(B); § 16-806(a)(1)(C)); D.C. Code § 16-803 (D.C. Law Library) (§ 16-803(a); § 16-803(a)(2); § 16-803(b)(2))
Misdemeanor conviction
Generally availableSome automatic relief- Remedy
- Sealing by motion (D.C. Code § 16-806(a)(3)); automatic sealing after 10 years (§ 16-805(a)(2))
- Waiting period
- Motion: at least 5 years after completion of the sentence (the prosecutor may waive this in writing). Automatic: at least 10 years after completion of the sentence.
Any misdemeanor conviction can be the subject of a motion to seal once at least 5 years have passed since completion of the sentence; the court grants the motion if the person shows by a preponderance of the evidence that sealing is in the interests of justice. Separately, the law makes sealing automatic once 10 years have passed since completion of the sentence for misdemeanors not on the excluded list, with a court deadline of October 1, 2027 (or 90 days after the waiting period ends); the D.C. Courts website says automatic sealing has not started yet. Unpaid fines or restitution do not prevent a sentence from counting as completed.
- Automatic sealing excludes intrafamily offenses, parental kidnapping, abuse or financial exploitation of a vulnerable adult or elderly person, misdemeanor sexual abuse, stalking and other listed sex-related offenses, crimes of violence, dangerous crimes, and DUI/DWI/OWI
- Excluded misdemeanors can still be sealed by motion after 5 years
Sources: D.C. Code § 16-806 (D.C. Law Library) (§ 16-806(a)(3); § 16-806(a)(3)(B); § 16-806(b)(1); § 16-806(e)); D.C. Code § 16-805 (D.C. Law Library) (§ 16-805(a)(2); § 16-805(c)(2); § 16-805(b)(1); § 16-805(b)(2)–(4); +2 more); D.C. Code § 16-801 (D.C. Law Library, Council of the District of Columbia) (§ 16-801(2)); D.C. Code Title 22 table of chapters (D.C. Law Library) (Chapters 30A, 31, 31A)
Felony conviction
Generally available- Remedy
- Sealing by motion (D.C. Code § 16-806(a)(3)(A)(ii))
- Waiting period
- At least 8 years after completion of the sentence (the prosecutor may waive this in writing).
Felony convictions can be sealed only by motion, after at least 8 years have passed since completion of the sentence, and only if the court finds sealing is in the interests of justice. Felonies ranked in Offense Severity Group 1, 2 or 3 of the D.C. Sentencing Commission's Master Grid (as of the Act's March 10, 2023 effective date) cannot be sealed; examples in those groups include first- and second-degree murder, first-degree sexual abuse, first-degree child sexual abuse and armed carjacking. Many other felonies, including some violent ones such as armed robbery and unarmed carjacking, are eligible by motion. Felony convictions are never sealed automatically.
- Offenses in Offense Severity Group 1, 2 or 3 of the Master Grid (e.g., murder, first-degree sexual abuse, first-degree child sexual abuse, armed carjacking, armed kidnapping)
- No automatic sealing for any felony conviction (automatic sealing covers only non-convictions and misdemeanor convictions)
Sources: D.C. Code § 16-806 (D.C. Law Library) (§ 16-806(a)(3)(A)(ii); § 16-806(a)(3)(B); § 16-806(e)); D.C. Code § 16-805 (D.C. Law Library) (§ 16-805(a)(2)); D.C. Sentencing Commission — Supplement II: Most Common Offenses by Offense Severity Group (PDF) (Group 2 (table rows); Group 3 (table rows); Footnote 1); U.S. Attorney's Office for the District of Columbia — letter to the D.C. Council, March 3, 2025 (PDF) (Letter, p. 2)
DUI / DWI conviction
Generally available- Remedy
- Sealing by motion (D.C. Code § 16-806(a)(3)); excluded from automatic sealing (§ 16-805(b)(15)–(17))
- Waiting period
- 5 years after completion of the sentence for a misdemeanor (8 years for a felony), by motion only
DUI (§ 50-2206.11), commercial-vehicle DUI (§ 50-2206.12) and operating while impaired (§ 50-2206.14) are on the list of offenses that are never sealed automatically. The motion-sealing section has no DUI exclusion, so a DUI conviction can be sealed by motion if the person shows sealing is in the interests of justice, after the misdemeanor (5-year) or felony (8-year) waiting period runs from completion of the sentence. A first DUI offense carries a maximum of 180 days' incarceration.
- Not eligible for automatic sealing (DUI, commercial-vehicle DUI, operating while impaired)
Sources: D.C. Code § 16-805 (D.C. Law Library) (§ 16-805(b)(13)–(15); § 16-805(b)(15)–(17)); D.C. Code § 16-806 (D.C. Law Library) (§ 16-806(a)(3); § 16-806(a)(3)(A)(ii); § 16-806(a)(3)(B)); D.C. Code § 50-2206.13 (D.C. Law Library) (§ 50-2206.13(a))
Drug possession conviction
Generally availableSome automatic relief- Remedy
- Sealing by motion (D.C. Code § 16-806(a)(3)); automatic sealing after 10 years (§ 16-805(a)(2)); first-offender dismissal and expungement (§ 48-904.01(e)); automatic expungement of pre-2015 marijuana possession (§ 16-802)
- Waiting period
- Motion sealing: 5 years after completion of the sentence (misdemeanor). Automatic sealing: 10 years. Marijuana/decriminalized-offense expungement: no waiting period; court deadline October 1, 2027.
Simple possession of a controlled substance is a misdemeanor in D.C. (possession of liquid PCP is a felony), so a conviction can be sealed by motion after 5 years, and is to be sealed automatically after 10 years since completion of the sentence. A first offender can receive probation without a judgment of guilt and, after dismissal, ask the court to expunge official records (a nonpublic record is kept). Records related only to simple possession of any amount of marijuana before February 15, 2015, and records of offenses later decriminalized or legalized, are to be expunged automatically by October 1, 2027 (or 90 days after the case ends); the prosecutor may object in writing.
- Possession of liquid PCP is a felony (8-year motion wait; no automatic sealing)
- Prosecutor may move to retain the record or contest eligibility for automatic expungement
Sources: D.C. Code § 48-904.01 (D.C. Law Library) (§ 48-904.01(d)(1); § 48-904.01(d)(2); § 48-904.01(e)(1); § 48-904.01(e)(2)); D.C. Code § 16-806 (D.C. Law Library) (§ 16-806(a)(3)); D.C. Code § 16-805 (D.C. Law Library) (§ 16-805(a)(2)); D.C. Code § 16-802 (D.C. Law Library) (§ 16-802(a); § 16-802(b); § 16-802(a)(2)(A))
Juvenile record
Generally available- Remedy
- Sealing of juvenile records by the Family Court (D.C. Code § 16-2335); sealing on grounds of actual innocence (§ 16-2335.02)
- Waiting period
- 2 years after final discharge from legal custody or supervision (or after entry of a non-custodial Division order)
The Family Court seals juvenile delinquency case, social and law enforcement records on the person's motion or its own motion once two years have passed since final discharge from custody or supervision, if the person has not since been convicted or adjudicated and no such proceeding is pending. Once sealed, the proceedings are treated as if they never occurred; a later delinquency adjudication or felony conviction nullifies the sealing. A juvenile may refuse to disclose delinquency history on employment, education or housing applications.
- Not available if the person was later convicted of a crime or adjudicated delinquent/in need of supervision, or such a proceeding is pending
- A later delinquency adjudication or felony conviction nullifies the sealing order
Sources: D.C. Code § 16-2335 (D.C. Law Library) (§ 16-2335(a); § 16-2335(a)(1)(B); § 16-2335(a)(2); § 16-2335(c); +2 more); D.C. Code § 16-2335.02 (D.C. Law Library) (§ 16-2335.02(a))
Filing and processing fees
The Metropolitan Police Department charges $7 for the arrest-record printout ("Option A") used to determine sealing eligibility or to file a sealing/expungement motion; processing takes up to 10 business days. A court filing fee for a motion to seal could not be confirmed from an official source the verifier can fetch.
Source: Metropolitan Police Department — Police Clearances (Arrest and Criminal History Section) (Option A; Option A — Cost)
How District of Columbia's automatic Clean Slate relief works and how to check its status →
Routes and conditions to check
- ✓Non-conviction records (arrests, charges dismissed, acquittals) for any offense
- ✓Any misdemeanor conviction, by motion, once 5 years have passed since completion of the sentence
- ✓Felony conviction for failure to appear (the only felony conviction eligible for petition-based sealing under prior law)
- ✓Felony convictions by motion after 8 years from completion of the sentence, except offenses in Offense Severity Group 1, 2 or 3 of the Master Grid (e.g., murder, first-degree sexual abuse, first-degree child sexual abuse) — applicable since March 1, 2025
- ✓Decriminalized or legalized offenses (e.g., marijuana simple possession) — eligible for expungement
- ✓Convictions under laws later ruled unconstitutional — eligible for expungement
- ✓Any offense where actual innocence can be demonstrated — eligible for expungement
Exclusions and limits to check
- ✗Felony convictions in Offense Severity Group 1, 2 or 3 of the Master Grid (e.g., murder, first-degree sexual abuse, armed carjacking) cannot be sealed; other crimes of violence are excluded only from automatic sealing
- ✗Sex offenses are excluded from automatic sealing; by motion, only those in Offense Severity Groups 1–3 (e.g., first-degree sexual abuse, first-degree child sexual abuse) are barred. Sealed records remain available for sex offender registration.
- ✗Intrafamily (domestic) offenses, DUI/DWI/OWI, misdemeanor sexual abuse, stalking and other listed offenses are excluded from automatic sealing, but can still be sealed by motion after the waiting period.
- ✗Felony convictions in Offense Severity Group 1, 2, or 3 of the Master Grid cannot be sealed by motion (felony convictions are never sealed automatically).
- ✗Fugitive from justice arrests (not eligible for automatic sealing)
Waiting Periods
| Non-conviction record (charges dismissed, acquittal) | Eligible immediately at disposition or upon filing a motion |
| Eligible misdemeanor conviction (petition-based) | 5 years after completion of sentence |
| Eligible felony conviction (petition-based) | 8 years after completion of sentence |
| Misdemeanor with prior ineligible misdemeanor conviction | 5 years after completion of sentence |
| Eligible misdemeanor with prior felony conviction | 5 years after completion of the sentence (no longer wait because of other convictions) |
| Automatic sealing of non-conviction records | By October 1, 2027, or within 90 days after the case ends, whichever is later (not yet operating as of 2026) |
| Automatic sealing of eligible misdemeanor convictions | 10 years after completion of sentence |
| Expungement on grounds of actual innocence | No waiting period |
| Expungement of decriminalized/legalized offenses | No waiting period; automatic processing is due by October 1, 2027 (or by motion now) |
Step-by-Step Process
Obtain your criminal record
Request your criminal arrest history from the Metropolitan Police Department (MPD) at 441 4th St NW, Room 550 South. Ask for the "Sealing" form (Request for Criminal Arrest History for Determining Record Sealing Eligibility). The fee is $7; processing takes up to 10 business days. Also obtain your Sentence Termination Release Record.
Determine eligibility
Review your record to confirm your offense is not on the ineligible list (D.C. Code § 16-801), that the required waiting period has elapsed, and that you have no disqualifying pending charges or subsequent convictions.
Get a case number from the court
Go to the Criminal Records Division at DC Superior Court (500 Indiana Ave NW, Room 4001, 4th floor) and ask the clerk to assign a case number for your Motion to Seal. Open Monday–Friday, 8:30 AM – 5:00 PM.
Prepare and file your motion
Draft a written Motion to Seal that includes all of your unsealed and unexpunged citations, arrests, charges, and convictions, and the legal grounds for sealing. File the motion with the Criminal Division of DC Superior Court — in person on the 4th floor, or by email as described in the court's current sealing instructions.
Government review and court decision
The U.S. Attorney’s Office is served and may file an objection. The court has 180 days to grant, deny, or dismiss the motion. The decision is issued in writing with stated reasons. A hearing may be scheduled if the government objects.
Record sealed
If granted, the court orders the record sealed within 90 days. The sealed record is removed from public view but remains accessible to law enforcement, courts, prosecutors, and certain licensing agencies in a non-public file.
Automatic Sealing & Expungement (Second Chance Amendment Act)
The Second Chance Amendment Act of 2022 (applicable since March 1, 2025) provides for automatic sealing of most non-conviction records and of misdemeanor convictions 10 years after the sentence, and automatic expungement of decriminalized/legalized offenses and pre-2015 marijuana possession. The court has until October 1, 2027 to do this; as of 2026 the D.C. Courts report that no cases are being automatically sealed or expunged, so filing a motion is currently the way to get relief.
| Scenario | Timing and conditions |
|---|---|
| Non-conviction record (charges dismissed, no conviction) | By October 1, 2027, or within 90 days after the case ends, whichever is later |
| Eligible misdemeanor conviction | 10 years after completion of the sentence; sealed by October 1, 2027, or within 90 days after the waiting period expires, whichever is later |
| Decriminalized/legalized marijuana offenses (simple possession) | Automatic expungement; court has until October 2027 to process older records |
| Convictions under unconstitutional laws | Automatic expungement; 90 days after case termination for new records |
Costs
- Filing fee
- Ask the Criminal Division clerk whether any fee applies to a motion to seal
- Fee waiver
- Ask the court about fee relief if a fee applies
- Attorney (optional)
- $800–$1,500 typical range ($800–$1,200 for actual innocence motions; $1,200–$1,500 for interest-of-justice motions)
Rising for Justice and Legal Aid DC offer free legal assistance for record sealing. MPD charges $7 for the arrest record used to determine sealing eligibility (processing up to 10 business days).
Timeline
- With attorney
- 3–6 months
- Standard
- Up to 6 months (court has 180 days to decide)
After a motion is granted, records are sealed within 90 days. The law gives the court until October 1, 2027 to automatically seal older eligible records; as of 2026 the D.C. Courts report that no cases are being automatically sealed yet.
Effects of the relief
- ✓Removes criminal record from public view (background checks, court databases)
- ✓Allows you to legally deny the arrest or conviction for any purpose without penalty of perjury
- ✓Helps with employment, housing, and education applications
- ✓Supports rehabilitation and community reintegration
- ✓Record is not disclosed in standard background checks
Limits of the relief
- ✗Does NOT destroy the record (sealing only) — sealed records remain in a non-public file
- ✗Does NOT prevent law enforcement, courts, and prosecutors from accessing the sealed record
- ✗Does NOT prevent licensing agencies, public employers, and schools/child care facilities from accessing sealed records for lawful purposes
- ✗Does NOT remove sex offender registration requirements
- ✗Does NOT prevent the sealed record from being used for gun offender registration or firearm possession background checks
- ✗Does NOT prevent the sealed conviction from being considered in future sentencing if convicted of a new offense
Other Relief Options in District of Columbia
Expungement on Grounds of Actual Innocence (D.C. Code § 16-803)
If you can prove the offense did not occur or that someone else committed it, the court can order complete expungement (destruction) of the record. No waiting period. Available for any offense, including felonies and ineligible misdemeanors.
Automatic Expungement of Decriminalized Offenses (D.C. Code § 16-802)
Records for offenses that have been decriminalized or legalized (such as marijuana simple possession) are automatically expunged without a petition.
Presidential Pardon
Because D.C. is a federal district, the President of the United States has pardon authority over D.C. Code offenses. A presidential pardon does not seal or expunge the record but restores civil rights and removes legal disabilities.
Restoration of Voting Rights
Since April 2021, conviction does not result in loss of the right to vote in the District of Columbia, even while incarcerated.
Frequently Asked Questions
- How much does it cost to seal a criminal record in DC?
- Ask the Criminal Division clerk whether any fee applies to your motion to seal. You may need to pay $7 for a copy of your arrest record from the Metropolitan Police Department. If you hire a private attorney, expect to pay $800–$1,500 depending on the type of motion. Free legal help is available through Legal Aid DC and Rising for Justice.
- How long does it take to seal a record in DC?
- Once you file a motion to seal, the DC Superior Court has 180 days to grant, deny, or dismiss it. If granted, the record must be sealed within 90 days. With an attorney, the entire process typically takes 3–6 months.
- What is the difference between sealing and expungement in DC?
- Sealing removes the record from public view but keeps it in a non-public file accessible to law enforcement, prosecutors, and certain agencies. Expungement legally restores you to the status you had before the arrest or conviction; agencies may keep a nonpublic, restricted-access file, available only for narrow purposes. Sealing is available for most eligible offenses; expungement is reserved for actual innocence, decriminalized offenses, and unconstitutional convictions.
- Can felony convictions be sealed in DC?
- Under the original law, only felony failure-to-appear convictions could be sealed by petition. Since March 1, 2025, most felony convictions can be sealed by motion 8 years after the sentence is completed. Only felonies in Offense Severity Groups 1–3 of the Sentencing Commission's Master Grid (e.g., murder, first-degree sexual abuse, first-degree child sexual abuse, armed carjacking) are barred. Eligible felonies require an 8-year waiting period after sentence completion.
- What is automatic sealing under the Second Chance Amendment Act?
- The law provides for automatic sealing of most non-conviction records and of misdemeanor convictions 10 years after the sentence is completed, but the court has until October 1, 2027 to do it. As of 2026, the D.C. Courts say no cases are being automatically sealed or expunged, so you can file a motion instead. Automatic expungement also applies to decriminalized offenses like marijuana simple possession.
- Can I seal a DUI or domestic violence conviction in DC?
- Not automatically, but yes by motion. DUI/OWI and intrafamily (domestic) offenses are excluded from automatic sealing, but you can file a motion to seal the conviction 5 years after completing the sentence (8 years if a felony); the court grants it if sealing is in the interests of justice.
- Can employers still see my sealed record in DC?
- Most private employers cannot see a sealed record, and you can legally deny the arrest or conviction on job applications without penalty. However, certain public employers, licensing agencies, law enforcement, schools, and child care facilities retain access to sealed records for lawful purposes under D.C. Code § 16-807.
- Where do I file a motion to seal in DC?
- Email your MPD arrest record, case disposition and motion to seal to criminalmotionsealteam@dcsc.gov, or file in person at the Criminal Division, 500 Indiana Ave NW, Room 4001. You can contact the Criminal Division at (202) 879-1362 or email criminalmotionsealteam@dcsc.gov with questions.
Take Action — Direct Links
- Court petition/form
DC Courts — How to Seal or Expunge Your Criminal Record (PDF guide). Step-by-step instructions for filing a motion to seal at DC Superior Court. File in person at 500 Indiana Ave NW, 4th floor, or by email as the instructions describe.
- Criminal record request
Metropolitan Police Department — Arrest and Criminal History Section. Request your arrest history for record-sealing eligibility at 441 4th St NW, Room 550 South. Costs approximately $7; processing takes up to 10 business days. Call (202) 727-4245.
- Free legal aid
Legal Aid DC — Criminal Record Sealing. Free legal help for low-income DC residents seeking record sealing. Call (202) 628-1161 on Mondays and Wednesdays or apply online. Also see Rising for Justice for additional free services.
- Court self-help center
DC Courts — Sealing Criminal Records. Official information on eligibility, the motion process, the Second Chance Amendment Act, and contact for the Criminal Motions Seal Team (criminalmotionsealteam@dcsc.gov or (202) 879-1362).
- Statute full text
D.C. Code Title 16, Chapter 8 — Criminal Record Sealing and Expungement (full text from the D.C. Law Library). Includes all sections on automatic sealing, petition-based sealing, expungement, and effects.
Related Resources on This Site
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Sources
- D.C. Code Title 16, Chapter 8 — Criminal Record Sealing and Expungement
- D.C. Law 24-284 — Second Chance Amendment Act of 2022
- DC Courts — Sealing Criminal Records
- Legal Aid DC — Criminal Record Sealing
- Collateral Consequences Resource Center — District of Columbia
- D.C. Code § 16-807 — Effect of Sealing of Criminal Records