$0 District of Columbia — Expungement Eligibility Checklist

DC Expungement Forms: How to File a Motion to Seal in DC Superior Court

Where to Get the Forms

DC Superior Court's Criminal Division hosts downloadable forms on the DC Courts website under the "Criminal Forms and Lists" section. The key documents you need:

  • Motion to Seal — the core petition asking the court to seal your criminal record
  • Motion to Expunge — used for actual innocence cases; decriminalized or legalized conduct follows the § 16-802 automatic route or the § 16-803.02 by-motion route
  • Form 7: Application for Fee Waiver — if you need the court to waive eligible court costs

There is no filing fee to submit a record sealing motion. The only direct costs are the $7 MPD Arrest History Report and any copying fees at the courthouse ($0.50 per page for court document copies, $0.10 per page for terminal printouts).

How to Draft the Motion

Your motion must include specific elements or the court will dismiss it without prejudice:

List every arrest, charge, and conviction on your record. This is non-negotiable. The court cross-references your motion against your criminal history. If the court notifies you that an arrest is missing, amend the motion within 30 days or it may be dismissed without prejudice.

State your legal grounds. Cite the specific statute: § 16-803.02 for the decriminalized/legalized-conduct by-motion route, § 16-803 for actual innocence, or § 16-806 for interest-of-justice sealing.

Include the waiting period calculation. Show the court when your sentence ended (including probation, supervised release, and payment of all fines) and that the required waiting period has passed — 5 years for misdemeanor convictions, 8 years for eligible Failure to Appear felonies.

Attach rehabilitation evidence. Supporting exhibits strengthen your petition: proof of employment, character reference letters from employers or community leaders, certificates from education or vocational training, documentation of substance abuse treatment, and records of volunteer service or community involvement.

Filing: eFileDC vs. In Person

Electronic filing (eFileDC): Attorneys can file motions electronically through eFileDC. If you file this way, Rule 5-III requires you to upload two versions: a redacted "public" PDF with sensitive information obscured (Social Security numbers, detailed police report contents) and a separate unredacted "confidential" PDF. Uploading only the unredacted version puts your personal details directly into the public record.

In-person filing: Unrepresented (pro se) filers can file in person at the Criminal Clerk's Office in Room 4001, DC Superior Court, 500 Indiana Avenue NW. Bring the original motion plus enough copies for service.

Mail filing: You can also submit by mail to the same address, though in-person filing lets you confirm receipt immediately.

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Serving the Prosecutor

After filing, you must formally serve a complete copy of the motion and all supporting exhibits on the prosecuting agency:

  • Federal DC Code offenses: United States Attorney's Office (USAO), 555 4th Street NW, Washington, DC 25330
  • Local municipal and juvenile offenses: Office of the Attorney General (OAG), Criminal Section, 441 4th Street NW, Washington, DC 20001

Include a Certificate of Service with your filing documenting that service was completed.

Filing Without a Lawyer

You can absolutely file pro se — the court does not require attorney representation. The forms are the same ones attorneys use. The main risks without counsel are procedural: incomplete arrest histories, incorrect statutory citations, or failing to follow the redaction rules on eFileDC.

The District of Columbia Expungement & Record Sealing Guide includes a filing preparation tracker and step-by-step instructions designed specifically for pro se filers — covering record gathering, motion drafting, service, and post-filing compliance tracking.

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