{"data":{"id":"us-dc/d.c.-code-16-803","jurisdiction":"us-dc","citation":"D.C. Code § 16-803","heading":"Expungement of criminal records by motion.","body":"(a)\nThe Court shall order expungement of all criminal records and court proceedings related only to citations, arrests, or charges for the commission of a criminal offense on the grounds of actual innocence if:\n(1)\nThe case was terminated by the prosecutor or otherwise reached a final disposition and did not result in a conviction or acquittal pursuant to § 24-501; and\n(2)\nThe person cited, arrested, or charged files a written motion and demonstrates, by a preponderance of the evidence, that the offense for which the person was cited, arrested, or charged:\n(A)\nDid not occur; or\n(B)\nWas not committed by the person.\n\n(b)\nA motion filed pursuant to subsection (a)(2) of this section:\n(1)\nShall state:\n(A)\nThe grounds upon which eligibility for expungement is based; and\n(B)\nFacts in support of the movant's claim; and\n(2)\nMay be:\n(A)\nAccompanied by a statement of points and authorities in support of the motion, and any appropriate exhibits, affidavits, and supporting documents; and\n(B)\nFiled at any time.\n\n(c)\nA copy of the motion and any amended motion shall be served upon the prosecutor.\n\n(d)\n(1)\nIf it plainly appears from the face of the motion, any accompanying exhibits, affidavits, and documents, and the record of any prior proceedings in the case, that the movant is not eligible for relief or not entitled to relief, the Court may dismiss or deny the motion.\n(2)\nIf the motion is not dismissed or denied after initial review, the Court:\n(A)\nShall determine whether a hearing on the motion is required; and\n(B)\nMay:\n(i)\nOrder the prosecutor to file a response to the motion; and\n(ii)\nSet a deadline by which the response shall be filed.\n(3)\nAt any hearing on the motion, the movant and the prosecutor may present witnesses and information by proffer or otherwise. Hearsay evidence shall be admissible.\n(4)\nAn order dismissing, granting, or denying the motion shall be:\n(A)\nIn writing and include reasons for the decision;\n(B)\nA final order for purposes of appeal; and\n(C)\nIssued no later than 180 days after the motion is filed, unless there exists good cause for delay.\n(5)\nA motion made pursuant to this section may be dismissed without prejudice to permit the movant to renew the motion after further passage of time.\n(6)\nIf the Court denies the motion, the Court shall entertain a second motion for the same relief no sooner than one year after the date on which the order on the initial motion was resolved, unless the second motion raises grounds different than the first motion, in which case, it shall be entertained at any time. If the Court denies the movant's second motion, the Court shall entertain a third and final motion no sooner than one year after the date on which the order on the second motion was resolved, unless the third motion raises grounds different than the first 2 motions, in which case, it shall be entertained at any time.\n(7)\nIf the Court grants the motion, it shall summarize in the order the factual circumstances of the challenged citation, arrest, or charge and any post-arrest occurrences it deems relevant, and shall rule as a matter of law that the movant did not commit the offense for which the movant was arrested or that no offense had been committed.\n\n(e)\nAn acquittal or dismissal shall not establish a presumption that the movant is innocent or entitled to relief pursuant to this section.\n\n(f)\nEligible criminal records and court proceedings related to citations, arrests, and charges shall be expunged pursuant to subsection (a) of this section within 90 days after a motion is granted.","path":["Title 16. Particular Actions, Proceedings and Matters. [Enacted title]","Chapter 8. Criminal Record Sealing and Expungement."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/16-803","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"7a53031f60247f5ad27a675ebc378235376f8d7da582e0fe90c504d0e1913c4a","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-16-802","next":"us-dc/d.c.-code-16-804"},"notice":"GroundRules: Original legal text. Not legal advice."}