Sealing of criminal records by motion (D.C. Code § 16-806) in the District of Columbia: which records can be cleared

Each way to clear a record in the District of Columbia, what it covers, the exclusions and the effect.

Checked against official sources: October 25, 2026.

Short answer

In the District of Columbia it is called record sealing and expungement: sealing removes the record from public view. Some misdemeanor and felony convictions may be cleared, and the District of Columbia also clears some records automatically.

Main remedy: Sealing of criminal records by motion (D.C. Code § 16-806)
What it covers: Arrests and charges that did not lead to a conviction; fugitive-from-justice arrests; misdemeanor convictions; most felony convictions.
Ways to clear a record: 2
Automatic relief: Yes

What each remedy covers in the District of Columbia

Record sealing and expungement — Sealing removes the record from public view, but courts, prosecutors, police, some licensing boards, schools and child-care employers, and some government employers can still see it. Expungement goes further: the record is removed from public files and only you, your lawyer, and agencies handling another criminal case can reach it.

The District of Columbia has 2 ways to clear a record. Each covers different records and has its own waiting period.

Sealing of criminal records by motion (D.C. Code § 16-806)

Arrests and charges that did not lead to a conviction; fugitive-from-justice arrests; misdemeanor convictions; most felony convictions.

Kind of case	Waiting period	Counted from
Arrest or charge, no conviction	No waiting period There is no waiting period once the case is over without a conviction. You must show sealing is in the interests of justice. For offenses not on the automatic-sealing exclusion list, a motion must be filed before October 1, 2027; after that date these cases are handled by automatic sealing.	End of the case (dismissal, no papering, or other final disposition without conviction)
Misdemeanor conviction	5 years You can ask to seal a misdemeanor conviction 5 years after you finish your sentence. Unpaid fines or restitution do not stop the clock.	Completion of the sentence (discharge from incarceration, probation, parole or supervised release, whichever is latest)
Felony conviction	8 years You can ask to seal most felony convictions 8 years after you finish your sentence.	Completion of the sentence

Not eligible: Felonies in Offense Severity Groups 1, 2 or 3 of the D.C. Sentencing Commission Master Grid (the most serious felonies) cannot be sealed.
Limits: If a motion is denied, you can file a second motion after 1 year and a third and final motion 1 year after that.

Law: D.C. Code §§ 16-801, 16-806, 16-807

Source: Official text

Expungement by motion on grounds of actual innocence (D.C. Code § 16-803)

Arrests and charges that did not end in a conviction (or a not-guilty-by-insanity finding), where the offense did not happen or you did not commit it.

Kind of case	Waiting period	Counted from
Arrest or charge, actual innocence	No waiting period You can file at any time after the case ends. You must prove by a preponderance of the evidence that the crime did not happen or that you did not do it.	End of the case

Not eligible: Cases that ended in a conviction. An acquittal or dismissal alone does not prove innocence.
Limits: After a denial, a second motion on the same grounds after 1 year, and a third and final one 1 year later (new grounds may be raised any time).

Law: D.C. Code §§ 16-803, 16-804

Source: Official text

Records the District of Columbia clears on its own

Law: Automatic sealing and expungement under the Second Chance Amendment Act of 2022 (D.C. Law 24-284)
What is cleared: The law requires the court to automatically seal cases that ended without a conviction, and misdemeanor convictions 10 years after completion of the sentence. Neither applies if the offense is on the excluded list (for example intrafamily offenses, DUI, sex offenses, crimes of violence, dangerous crimes, abuse of a vulnerable adult). The law also requires the court to automatically expunge records of conduct that has since been decriminalized or legalized, or held unconstitutional, plus simple marijuana possession before February 15, 2015. The deadline for clearing existing records is October 1, 2027. As of the court's February 2026 update, no cases were yet being automatically sealed or expunged.
Started: Law applicable March 1, 2025; automatic sealing and expungement due by October 1, 2027 (or within 90 days after the case ends or the waiting period passes, whichever is later)
Check your record: Official status page

Law: D.C. Code §§ 16-802, 16-805 (D.C. Law 24-284; D.C. Law 25-175; D.C. Law 25-217; D.C. Law 26-52)

After your record is cleared

After sealing or expungement you cannot be charged with perjury or giving a false statement for not disclosing the sealed or expunged arrest, charge or conviction 'in response to any inquiry made of them for any purpose.' Sealed records remain available to courts, prosecutors, police, corrections, licensing agencies (for disqualifying offenses), schools and child-care facilities, and some senior government employers.

Law: D.C. Code §§ 16-801(5), 16-804, 16-807

Records from when you were under 18

D.C. Family Court must seal juvenile case and police records on motion (or on its own) once 2 years have passed since final discharge from custody or supervision, if you have no later conviction or adjudication and nothing is pending. After sealing, the case is treated as if it never happened, and you do not have to disclose juvenile delinquency history on job, school or housing applications.

Law: D.C. Code § 16-2335

Marijuana records in the District of Columbia

Records related only to simple possession of any amount of marijuana before February 15, 2015, and records of offenses that have been decriminalized or legalized, must be automatically expunged by October 1, 2027, unless the prosecutor proves a lawful need to keep them.

Law: D.C. Code § 48-904.01(d)(1); D.C. Code § 16-802

Pardons in the District of Columbia

Who decides: The President of the United States for D.C. Code offenses; the Mayor of D.C. only for violations of D.C. police and building regulations and certain old local ordinances
How: Pardons of D.C. Code crimes are requested through the U.S. Department of Justice Office of the Pardon Attorney, like federal pardons.

Official pardon page

Law: U.S. Const. art. II, § 2; D.C. Code § 1-301.76

In nearby states

Maryland: Expungement; shielding
Delaware: Expungement (mandatory and discretionary)
Virginia: Sealing; expungement (for charges that did not end in a conviction)
Pennsylvania: Expungement; limited access (including Clean Slate automatic limited access)

Your next steps in the District of Columbia

Get your own record
Find out exactly what your record shows: every arrest, charge and outcome. D.C. Superior Court - Sealing Criminal Records and How to File a Motion to Seal/Expunge Your Criminal Record (PDF).
Check the waiting period
The law sets a wait for each kind of case. Waiting periods.
Start the case
You file the request in the court that handled the case. How to file.
Ask for free help
Ask for free help: Public Defender Service for D.C. (ask for the Duty Day Attorney for seal cases) and Legal Aid DC.

Where to get free help in the District of Columbia

Questions about clearing a record in the District of Columbia

What is the legal term in the District of Columbia?

Record sealing and expungement. Sealing removes the record from public view, but courts, prosecutors, police, some licensing boards, schools and child-care employers, and some government employers can still see it. Expungement goes further: the record is removed from public files and only you, your lawyer, and agencies handling another criminal case can reach it.

Which records can be cleared in the District of Columbia?

Sealing of criminal records by motion: Arrests and charges that did not lead to a conviction; fugitive-from-justice arrests; misdemeanor convictions; most felony convictions. Expungement by motion on grounds of actual innocence: Arrests and charges that did not end in a conviction (or a not-guilty-by-insanity finding), where the offense did not happen or you did not commit it.

Will the District of Columbia clear my record on its own?

The law requires the court to automatically seal cases that ended without a conviction, and misdemeanor convictions 10 years after completion of the sentence. Neither applies if the offense is on the excluded list (for example intrafamily offenses, DUI, sex offenses, crimes of violence, dangerous crimes, abuse of a vulnerable adult). The law also requires the court to automatically expunge records of conduct that has since been decriminalized or legalized, or held unconstitutional, plus simple marijuana possession before February 15, 2015. The deadline for clearing existing records is October 1, 2027. As of the court's February 2026 update, no cases were yet being automatically sealed or expunged.

What about marijuana convictions in the District of Columbia?

Are juvenile records sealed in the District of Columbia?

What changes after a record is cleared in the District of Columbia?