Overview Description

Records relating to a delinquency matter where the youth was charged shall be vacated and sealed by the court upon petition, so long as two years have elapsed from final discharge or final entry and the person is not subject to a disqualifying event. D.C. Code § 16-2335(a)(1)(B).

Ineligible Category or Citation

A person will be ineligible for sealing if the person has been convicted of a crime or adjudicated delinquent or in need of supervision subsequent to the final discharge from legal custody or supervision or since the entry of any other Division order not involving custody or supervision, or if a proceeding is pending seeking conviction or adjudication. D.C. Code § 16-2335(a)(2).

Procedure General

A petition must be filed requesting the records be vacated and sealed. For specific procedure, see D.C. Code § 16-2335(b).

Fees

No statutory language.

Effect

Upon the entry of the order, the proceedings in the case shall be treated as if they never occurred. All facts relating to the action including arrest, the filing of a petition, and the adjudication, filing, and disposition of the Division shall no longer exist as a matter of law. The Division, the law enforcement department, or any other department or agency that received notice under subsection (b) and was named in the order shall reply, and the person who is the subject matter of the records may reply, to any inquiry that no record exists with respect to such person. D.C. Code § 16-2335(c).

Any adjudication of delinquency or need of supervision or conviction of a felony subsequent to sealing shall have the effect of nullifying the vacating and sealing order. D.C. Code § 16-2335(e).

Forms

Waiting Periods

The petition may be filed after two years have elapsed since the final discharge of the person from legal custody or supervision, or since the entry of any other Division order not involving custody or supervision.

(non-prod server)