Criminal record sealing is governed by D.C. Code §§ 16–801 - 16–805. The two methods of sealing a criminal record are claims of actual innocence, governed by § 16-802, and all other eligible cases, governed by § 16-803.
Claims of Actual Innocence: A motion filed under claims of actual innocence obviously requires that the movant was not convicted of the case he/she seeks to seal. The burden of proof the movant must meet depends on the number of years that have passed since the date the case ended.
Motions other than Claims of Actual Innocence: Other than claims of actual innocence, all other motions to seal an arrest record are filed under § 16–803. Both the movant and the arrest record must qualify to be sealed.
If you are seeking to seal your record or to reduce a sentence, call us now! With an experienced criminal attorney by your side, Wagner PLLC will fight for you.