DC DUI Expungement: Why DUI and Domestic Violence Convictions Cannot Be Sealed

If you were convicted of DUI, OWI, or a domestic violence offense in the District of Columbia, the short answer is that standard record sealing is not available to you. These convictions are on the Second Chance Amendment Act's exclusion list — and no amount of waiting changes that.

But "excluded from sealing" is not the same as "no options exist." Here is what the law says, why these offenses are carved out, and what limited pathways may still apply.

The DUI/OWI Exclusion

Under D.C. Code § 16-805(b), the following vehicular impairment offenses are explicitly excluded from both by-motion sealing and automatic sealing:

• Driving Under the Influence (DUI) — D.C. Code § 50-2206.11
• Operating a Commercial Vehicle While Impaired — D.C. Code § 50-2206.12
• Operating While Impaired (OWI) — D.C. Code § 50-2206.14

These exclusions apply regardless of the severity of the offense, whether it was a first offense, or how long ago the conviction occurred. A DUI conviction from 2008 is treated the same as one from 2024 under the sealing statute — neither can be sealed through the standard process.

The Domestic Violence Exclusion

Intrafamily offenses as defined in D.C. Code § 16-1001(8) are also permanently excluded from standard sealing. This category covers assault, threats, stalking, and other offenses committed against a family member, household member, or someone in an intimate relationship with the defendant.

The exclusion is categorical — it applies to both misdemeanor and felony domestic violence convictions.

Why These Offenses Are Excluded

The D.C. Council excluded DUI and domestic violence convictions because both offense categories carry ongoing public safety implications that the legislature determined outweigh the individual's interest in sealing:

• DUI convictions inform future sentencing enhancements and license suspension decisions. Sealing them would remove the record from the sequence used to determine whether a new DUI offense is charged as a second or third offense.
• Domestic violence convictions inform civil protection order proceedings, custody determinations, and federal firearms disability assessments. Courts, prosecutors, and family law judges need access to these records to make safety determinations.

What About a DUI Arrest That Was Dismissed?

The exclusion applies to convictions, not arrests. If you were arrested for DUI but the case was dismissed, resulted in a "No Paper" disposition, or ended in acquittal, the standard non-conviction sealing pathway applies. You can file a motion to seal a DUI arrest that did not result in a conviction under the interest-of-justice provisions of D.C. Code § 16-806.

The same logic applies to domestic violence arrests that did not result in conviction — dismissed intrafamily cases can be sealed through the non-conviction pathway.

Alternative Pathways for Excluded Convictions

Standard sealing is off the table, but a narrow set of alternatives exists:

Youth Rehabilitation Act (YRA) set-aside. If the DUI or domestic violence offense was committed when you were 24 or younger, you may be eligible to petition for a set-aside under D.C. Code § 24-901 et seq. A YRA set-aside removes the conviction from public view. This relief can be sought retroactively — you do not have to have been sentenced under the YRA originally. But the court still evaluates rehabilitation, and the underlying offense category does not change the YRA eligibility criteria.

Presidential pardon. A full presidential pardon eliminates the conviction for most legal purposes and is the only mechanism that can restore federal firearms rights lost due to a felony or violent misdemeanor conviction. This is a rare and difficult remedy, but it exists.

Trafficking Survivors Relief Amendment Act. If a DUI or domestic violence offense was committed as a direct result of being trafficked, the Trafficking Survivors Relief Amendment Act provides a pathway to vacate and seal the conviction. This applies to a narrow set of circumstances but represents genuine relief for qualifying individuals.

Living With an Excluded Conviction

If none of the alternative pathways apply, the practical focus shifts to mitigation. DC's Fair Criminal Records Screening Act of 2014 still protects you in private employment — employers with 10 or more employees cannot ask about your criminal history until after making a conditional offer. The conviction will appear on a background check after that point, but the ban-the-box timing gives you the chance to demonstrate your qualifications before the record surfaces.

For other eligible offenses on your record, pursuing sealing for those cases can reduce the overall weight of your criminal history even if the DUI or domestic violence conviction remains visible.

The District of Columbia Expungement & Record Sealing Guide covers the eligibility screening process for every offense type — including which arrests qualify for sealing even when the underlying charge category is excluded for convictions.

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