Overview Description

Records relating to charges that terminated without conviction may be sealed by the court five years after sentence completion for a prior misdemeanor, or sooner if the prosecutor waives the waiting period, unless the present case terminated without conviction because of a deferred sentencing agreement. D.C. Code §§ 16-803(a)(2)(A), (b)(2)(A), (e), 16-801(5)–(9).

Ineligible Category or Citation

See subsections (5) to (9) for eligible and ineligible offenses. D.C. Code §§ 16-801(5)-(9).

Procedure General

The petition must be filed in Superior Court, with service on the prosecutor. For specific procedure, see D.C. Code §§ 16-803 et seq.

Fees

No statutory language.

Effect

The person need not disclose the arrest or charge in response to any inquiry except when directly questioned for jury service or in an application to an entity specified in D.C. Code §§ 16-803(m), 16-801(11).

Waiting Periods

The petition may be filed five years after sentence completion, unless the prosecutor waives the waiting period.

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