How long you wait to clear a record in the District of Columbia
The the District of Columbia waiting periods case by case, with a helper that adds the wait to your date.
Checked against official sources: October 25, 2026.
Short answer
These are the waiting periods in the District of Columbia law. Each one runs from a set event, like the end of your sentence.
- Main remedy
- Sealing of criminal records by motion (D.C. Code § 16-806)
- Waiting periods
- Arrest or charge, no conviction: No waiting period, counted from end of the case (dismissal, no papering, or other final disposition without conviction)
Misdemeanor conviction: 5 years, counted from completion of the sentence (discharge from incarceration, probation, parole or supervised release, whichever is latest)
Felony conviction: 8 years, counted from completion of the sentence
When can I file in the District of Columbia?
Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.
Waiting periods: 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
Waiting periods: 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
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.
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)
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)
In nearby states
- Maryland: Acquittal, dismissal or nolle prosequi: 3 years, counted from disposition
- Delaware: Case ended in your favor (acquittal, dismissal, nolle prosequi, completed probation before judgment): No waiting period, counted from end of the case
- Virginia: Misdemeanor conviction or deferred dismissal: 7 years, counted from the latest of: conviction, dismissal of the deferred charge, release from incarceration, or a probation/parole violation finding or release after it
Your next steps in the District of Columbia
Get your court papers
The dates on your papers decide when the wait ends.
Check the other rules
The wait is only one rule; the court looks at the whole record.
Get the forms
After the wait, the next step is the petition. How to file.
Talk to legal aid
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
- Public Defender Service for D.C. (ask for the Duty Day Attorney for seal cases) · 202-824-2801
- Legal Aid DC · 202-628-1161
- Neighborhood Legal Services Program · 202-832-6577
- Rising for Justice · 202-638-4798
- Christian Legal Society · 301-458-6534
- DC Resource Bridge · (202) 933-4357
- Find free legal aid at LawHelp.org
Questions about waiting periods in the District of Columbia
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.
How long do I have to wait in the District of Columbia?
Arrest or charge, no conviction: No waiting period, counted from end of the case (dismissal, no papering, or other final disposition without conviction); Misdemeanor conviction: 5 years, counted from completion of the sentence (discharge from incarceration, probation, parole or supervised release, whichever is latest); Felony conviction: 8 years, counted from completion of the sentence; Arrest or charge, actual innocence: No waiting period, counted from end of the case.
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.
Who helps for free in the District of Columbia?
Public Defender Service for D.C. (ask for the Duty Day Attorney for seal cases), Legal Aid DC and Neighborhood Legal Services Program.