DC Expungement Process: How to Seal Your Criminal Record in Washington DC

What DC Record Relief Actually Looks Like Right Now

If you have a criminal record in the District of Columbia, you can petition DC Superior Court to seal or expunge it under the Second Chance Amendment Act of 2022 (D.C. Code § 16-801 et seq.). The by-motion provisions became fully active on March 1, 2025, which means eligible residents can file a motion to seal right now — no need to wait for the automatic provisions scheduled for October 1, 2027.

The distinction matters. "Expungement" under DC law eliminates public references to an arrest or charge entirely, restoring you to your pre-arrest legal status. "Sealing" removes the record from public view — court dockets, background checks, landlord screenings — but keeps it accessible to courts, prosecutors, and certain licensing boards in a restricted file.

Step 1: Gather Your Complete Criminal Record

You need two documents before anything else.

MPD Arrest History Report: Visit the Metropolitan Police Department Records Branch at 300 Indiana Avenue NW, Room 1075. Bring a government-issued photo ID, your Social Security Number, and $7 in cash or card. Ask specifically for the "Arrest History Report for Purposes of the Criminal Record Sealing Act of 2006." This report captures arrests that may not appear in the court's public database.

DC Superior Court Docket Verification: Go to 500 Indiana Avenue NW, Room 4001. Use the public access terminals to search your full name and date of birth. Pull every docket number, disposition sheet, and sentence completion date. If an arrest never resulted in formal charges (a "no paper" case), ask the clerk to assign a case number — you will need one for the motion.

Step 2: Determine Your Eligibility Pathway

DC law creates different routes depending on your case outcome:

• Decriminalized offenses (like pre-2015 marijuana possession): Automatic expungement is scheduled for October 1, 2027; if you need relief sooner, file the applicable by-motion petition under D.C. Code § 16-803.02. No waiting period applies.
• Non-convictions (dismissals, acquittals, nolle prosequi, successful diversion): File a motion to seal under the interest-of-justice standard. For offenses not listed in D.C. Code § 16-805(b), a motion filed before October 1, 2027 has no waiting period; other interest-of-justice situations use a 2-to-4-year period from case termination.
• Eligible misdemeanor convictions: File a motion to seal 5 years after you complete your entire sentence, including probation and payment of all fines.
• Eligible felony convictions (limited to Failure to Appear): File a motion to seal 8 years after sentence completion. Felonies are excluded from the automatic 2027 pathway entirely.

Certain offenses — crimes of violence, sexual offenses, DUI, domestic violence, and offenses in the DC Sentencing Commission's Master Grid Groups 1-3 — are permanently excluded from standard sealing.

Step 3: Draft and File the Motion

Prepare a written Motion to Seal (or Motion to Expunge for actual innocence cases). Your motion must list every arrest, charge, and conviction on your record. If the court notifies you of an omission, amend within 30 days or the motion may be dismissed without prejudice.

Include supporting evidence: proof of employment, character reference letters, education or training certificates, and documentation of community involvement or treatment programs. The court weighs your interest in sealing against the community's interest in public safety and rehabilitation.

Filing options: You can file electronically through eFileDC (follow Rule 5-III — upload both a redacted "public" version and an unredacted "confidential" version) or file in person at Room 4001. There is no filing fee for record sealing motions.

Service: Serve a complete copy on the prosecuting agency. For federal DC Code offenses, serve the United States Attorney's Office at 555 4th Street NW. For local municipal or juvenile offenses, serve the Office of the Attorney General at 441 4th Street NW.

Step 4: Wait for the Court's Decision

After filing, the prosecutor may submit an opposition or statement of non-opposition. The judge then evaluates your petition using a three-factor balancing test: your personal interest in accessing employment and housing, the community's interest in your rehabilitation, and public safety concerns.

DC Superior Court judges typically issue a written decision within 180 days, unless good cause supports a delay. If granted, agencies — including MPD, the Department of Corrections, and CSOSA — have up to 90 days to seal their records. Administrative Order 25-11, issued in May 2025, allows high-volume electronic lists to substitute for individual compliance orders to clear the backlog.

What Happens After Sealing

Once sealed, you can legally answer "no" to questions about arrests or convictions on civilian job applications and rental applications. The record disappears from public court dockets and standard commercial background checks.

The seal is not absolute: courts, law enforcement, prosecutors, and certain professional licensing boards retain restricted access. Federal agencies conducting security clearance reviews (SF-86) are not bound by a DC Superior Court sealing order, and non-citizens must still disclose sealed records for immigration purposes.

If a commercial background check company continues to report a sealed record, you can dispute it under the Fair Credit Reporting Act. The company generally has 30 days to verify and correct the information, extendable to 45 days if new information is submitted. You can also file a complaint with DC's Office of Human Rights, which can refer the complaint to the Commission on Human Rights for a $1,000 first-violation fine or a $5,000 subsequent-violation fine.

Our District of Columbia Expungement & Record Sealing Guide walks through every step of this process with fillable worksheets, eligibility screening tools, and a compliance calendar — so nothing falls through the cracks during the 180-day decision window.

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