District of Columbia: Adult Conviction Expungement and Record-Sealing Eligibility
The short answer
The District's 2022 Second Chance Amendment Act (in force, with automatic relief still rolling out) makes sealing the main remedy for an adult conviction; true expungement reaches only decriminalized or legalized offenses and pre-2015 marijuana possession. A person can move to seal a misdemeanor five years after completing the sentence or an eligible felony after eight years (the most serious felonies are excluded), and the court grants sealing when it is in the interests of justice; separately, the Superior Court must automatically seal 10-year-old misdemeanor convictions and expunge decriminalized offenses by October 1, 2027. Unpaid fines or restitution do not delay eligibility, but sealed records stay visible to courts, prosecutors, police, licensing boards, schools, and other listed entities even though the public is told no record exists.
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This is the general rule in District of Columbia. Ezel applies current District of Columbia law to your specific facts and answers with citations to the statutes.
| Relief name and legal effect | Under the Second Chance Amendment Act (Ch. 8), sealing is the main remedy for a conviction: it removes records from public view while keeping restricted nonpublic access for courts, prosecutors, and other listed entities (§§ 16-806, 16-807). Expungement removes records more fully but reaches only decriminalized, legalized, or unconstitutional offenses and pre-2015 simple marijuana possession, or non-conviction records on actual-innocence grounds (§§ 16-802, 16-803). A person granted sealing cannot be treated as lying for not disclosing the record (§ 16-807(b)). |
|---|---|
| Automatic or clean-slate relief | Yes, phasing in. The Superior Court must automatically expunge decriminalized, legalized, or unconstitutional offenses and pre-Feb. 15, 2015 simple marijuana possession (§ 16-802), and automatically seal non-conviction records and misdemeanor convictions at least 10 years past sentence completion (§ 16-805), unless the prosecutor objects. The relief applies retroactively (§ 16-808) but is on a rollout the Court must complete by October 1, 2027, so a person should verify their record was actually cleared. |
| Convictions eligible by petition | By motion under § 16-806, a person may seek sealing of a conviction after the waiting period: any misdemeanor, and any felony except those in Offense Severity Groups 1–3 of the D.C. Sentencing Commission Master Grid (the most serious felonies). Expungement by motion (§ 16-803) is limited to non-conviction arrests or charges on actual-innocence grounds, so an ordinary conviction is sealed, not expunged. |
| Excluded offenses and statuses | For sealing a conviction by motion, the only categorical bar is a felony in Master Grid Severity Groups 1–3 (§ 16-806(a)(3)(A)(ii)). Automatic sealing carries a longer exclusion list (§ 16-805(b))—intrafamily offenses, vulnerable-adult abuse or financial exploitation, incest, misdemeanor sexual abuse, sex-registration offenses, dangerous crimes and crimes of violence (§ 23-1331), and DUI or impaired driving—but most of those convictions may still be sealed by motion under the interests-of-justice standard. |
| Waiting period and when it starts | Sealing by motion: five years since completion of the sentence for a misdemeanor conviction and eight years for an eligible felony (§ 16-806(a)(3)(A)); the prosecutor may waive the waiting period in writing (§ 16-806(e)). Automatic sealing of a misdemeanor conviction: 10 years since completion of the sentence (§ 16-805(a)(2)). 'Completion of the sentence' is the latest unconditional discharge from incarceration, probation, parole, or supervised release (§ 16-801(2)). |
| Sentence, restitution, and new-record conditions | The clock runs from completion of the sentence—the latest unconditional discharge from custody or supervision—and § 16-801(2) expressly says nonpayment of fines, restitution, or other monetary assessments does not prevent completion, so an unpaid balance does not block relief. There is no fixed no-new-arrest bar, but the motion must list all of the movant's unsealed and unexpunged records, and the person's full and subsequent conduct is weighed under the interests-of-justice test (§ 16-806(b), (c)). |
| Petition process and decision standard | The person files a written motion in the Superior Court showing, by a preponderance, that sealing is in the interests of justice, and serves the prosecutor, who need not respond unless ordered (§ 16-806(a), (d)). The court weighs the movant's interest, the community's interest in rehabilitation and reintegration, and the community's interest in retained access, may hold a hearing, and must rule in writing within 180 days (§ 16-806(b), (i)). A denied motion may be renewed after one year, up to a third and final motion (§ 16-806(i)(6)). |
| Who can still see or use the record | Sealing removes records from public view but keeps them in a nonpublic, restricted file: § 16-801(5) defines 'public' to exclude courts, prosecutors, law enforcement, licensing agencies (for disqualifying offenses), schools and child-care facilities, and senior or judicial government employers, so those entities still see sealed records. Section 16-807(d) lets criminal-justice agencies use them for enumerated purposes, including later charging, sentencing, and firearm-possession checks. To the general public the clerk answers that no records are available, and the person may deny the record without penalty (§ 16-807(a)–(c)). |
| Boundaries and alternative relief | Expungement in D.C. is narrow—automatic for decriminalized, legalized, or unconstitutional offenses and pre-2015 marijuana possession (§ 16-802), or by motion only on actual-innocence grounds for non-conviction records (§ 16-803)—so an ordinary conviction is sealed, not erased. Arrests and charges that did not lead to conviction are separately handled under §§ 16-805 and 16-806(a)(1)–(2). Juvenile records and out-of-jurisdiction convictions follow other law. |
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Requirements one by one
Relief name and legal effect
The District rebuilt Chapter 8 through the Second Chance Amendment Act of 2022,
and it now separates two remedies. Sealing is the general remedy for a
conviction: under § 16-807(a) it removes records "from public view" while
permitting "restricted, nonpublic access by specific parties for specific
purposes." A sealed person cannot be treated as having lied for failing to
disclose the record on any inquiry (§ 16-807(b)). Expungement is stronger but
much narrower—§ 16-802 reserves it for offenses that were decriminalized,
legalized, or held unconstitutional and for pre-2015 simple marijuana
possession, and § 16-803 allows it by motion only for non-conviction records on
actual-innocence grounds. For an ordinary conviction, the remedy is sealing.
Automatic or clean-slate relief
The District now has automatic relief, and it is still being implemented. Section
16-802 directs the Court to automatically expunge decriminalized, legalized, or
unconstitutional offenses and pre-February 15, 2015 simple marijuana possession
unless the prosecutor moves to retain the record. Section 16-805 directs the
Court to automatically seal non-conviction records and misdemeanor convictions
that are at least 10 years past sentence completion, subject to a list of
excluded offenses. This relief "shall apply retroactively" (§ 16-808), but §§
16-802(b) and 16-805(c) give the Court until October 1, 2027 to work through
the backlog—so a person should confirm the record was actually cleared rather
than assume it happened on schedule.
Convictions eligible by petition
A person does not have to wait for the automatic process. Under § 16-806(a)(3),
any misdemeanor conviction, and any felony conviction other than one in Offense
Severity Groups 1, 2, or 3 of the D.C. Sentencing Commission Master Grid (the
most serious felonies), may be sealed by motion once the waiting period runs.
Expungement by motion is not a conviction remedy—§ 16-803 grants it only for
arrests or charges that did not result in a conviction, and only on a showing of
actual innocence.
Excluded offenses and statuses
The two tracks exclude different things. For sealing by motion, the only
categorical bar is a felony in Master Grid Groups 1–3 (§ 16-806(a)(3)(A)(ii)).
For automatic sealing, § 16-805(b) adds a long list—intrafamily offenses,
abuse or financial exploitation of a vulnerable adult or elder, incest,
misdemeanor sexual abuse, sex-offender-registration offenses, dangerous crimes
and crimes of violence under § 23-1331, and DUI or impaired-driving offenses.
Importantly, a conviction on that automatic-exclusion list is not necessarily
barred from sealing by motion; it simply will not be sealed automatically and
must be pursued under the interests-of-justice standard.
Waiting period and when it starts
For sealing by motion, the clock is five years since completion of the sentence
for a misdemeanor and eight years for an eligible felony (§ 16-806(a)(3)(A)), and
the prosecutor may waive that period in writing (§ 16-806(e)). For automatic
sealing of a misdemeanor conviction, the wait is ten years (§ 16-805(a)(2)).
"Completion of the sentence" is defined in § 16-801(2) as the latest
unconditional discharge from incarceration, probation, parole, or supervised
release.
Sentence, restitution, and new-record conditions
One feature sets the District apart: § 16-801(2) states that "nonpayment of
fines, restitution, or any other monetary assessments imposed by the Court shall
not prevent completion of a sentence." An outstanding financial balance
therefore does not delay eligibility. There is no rigid no-new-arrest rule, but a
motion must list all of the movant's unsealed and unexpunged records
(§ 16-806(c)), and the person's full criminal history and subsequent conduct are
weighed in the interests-of-justice analysis.
Petition process and decision standard
The person files a written motion in the Superior Court and serves the
prosecutor, who is not required to respond unless the Court so orders
(§ 16-806(d)). Relief is discretionary: the Court must weigh the movant's
interest in sealing, the community's interest in the movant's rehabilitation and
reintegration, and the community's interest in retaining access, and it may
consider the nature of the offense, the person's history, and a victim's
statement (§ 16-806(b)). A hearing may be held, and the Court must issue a
written order within 180 days (§ 16-806(i)). A denied motion can be renewed after
a year, up to a third and final motion.
Who can still see or use the record
Sealing is not invisibility. Section 16-801(5) defines the "public" from whom
records are hidden to exclude courts, prosecutors, law-enforcement agencies,
licensing agencies (for offenses that could disqualify an applicant), licensed
schools and child-care facilities, and government employers hiring for judicial
or senior executive positions—so all of those entities can still see a sealed
record. Section 16-807(d) further lets criminal-justice agencies use sealed
records for enumerated purposes, including charging decisions, later sentencing,
and checking firearm-possession eligibility. To the general public, the clerk
answers that no records are available (§ 16-807(c)).
What trips people up
Convictions get sealed, not expunged. In the District, expungement is
reserved for decriminalized offenses and actual-innocence non-conviction cases.
Someone seeking to clear a normal conviction is asking for sealing under
§ 16-806.
Automatic does not mean immediate. The automatic sealing and expungement
provisions apply retroactively but give the Court until October 1, 2027 to
complete the work (§§ 16-802(b), 16-805(c)). Waiting for automatic relief can be
much slower than filing a motion once the shorter by-motion waiting period has
passed.
Unpaid fines do not block you. Unlike many states, the District's
"completion of the sentence" definition says money owed does not delay
eligibility (§ 16-801(2)).
Common questions
How soon can I seal a felony? Eight years after you complete the sentence,
by motion, as long as the felony is not in Master Grid Severity Groups 1–3
(§ 16-806(a)(3)(A)(ii)).
Will a sealed conviction show up on a job or license background check? It can
in specific settings. Licensing agencies (for disqualifying offenses), schools
and child-care facilities, and senior government employers are outside the
definition of "public," so they may still see the record (§ 16-801(5)).
Can the prosecutor shorten my wait? Yes. The prosecutor may waive the
by-motion waiting periods in writing (§ 16-806(e)).
Statutes and sources
- D.C. Code § 16-806 — sealing of criminal records by motion: five-year
misdemeanor and eight-year felony clocks, Master Grid felony exclusion,
interests-of-justice standard, prosecutor waiver, and 180-day decision.
https://code.dccouncil.gov/us/dc/council/code/sections/16-806 (accessed 2026-07-20) - D.C. Code § 16-805 — automatic sealing of non-conviction records and 10-year-
old misdemeanor convictions, the exclusion list, and the October 1, 2027
deadline.
https://code.dccouncil.gov/us/dc/council/code/sections/16-805 (accessed 2026-07-20) - D.C. Code § 16-802 — automatic expungement of decriminalized, legalized, or
unconstitutional offenses and pre-2015 marijuana possession, with the October
1, 2027 deadline.
https://code.dccouncil.gov/us/dc/council/code/sections/16-802 (accessed 2026-07-20) - D.C. Code § 16-807 — effect of sealing: removal from public view, retained
nonpublic access, and no perjury for nondisclosure.
https://code.dccouncil.gov/us/dc/council/code/sections/16-807 (accessed 2026-07-20) - D.C. Code § 16-801 — definitions, including "completion of the sentence"
(unpaid money does not delay it) and the entities excluded from "public."
https://code.dccouncil.gov/us/dc/council/code/sections/16-801 (accessed 2026-07-20) - D.C. Code § 16-808 — the chapter's relief applies retroactively.
https://code.dccouncil.gov/us/dc/council/code/sections/16-808 (accessed 2026-07-20)
Source links
Every statute quoted above, linked, with the date we checked it.
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