{"data":{"id":"us-dc/d.c.-code-22-1845","jurisdiction":"us-dc","citation":"D.C. Code § 22-1845","heading":"Review by Court.","body":"(a)\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, that the movant is not eligible for relief or is not entitled to relief, the Court may dismiss or deny the motion.\n(2)\nIf the motion contains a curable deficiency, the Court shall provide the movant with reasonable time to cure the deficiency and refile the motion.\n\n(b)\nIf the motion is not dismissed or denied after initial review, the Court shall order the prosecutor to file a response to the motion. Within 90 days after the Court's order for a response, the prosecutor shall file a response indicating whether the prosecutor supports or opposes the motion.\n\n(c)\nThe Court may hold a hearing on any motion filed under § 22-1844; provided, that if the prosecutor opposes a motion filed under § 22-1844, the Court shall hold a hearing on the motion within 90 days after the filing of the opposition.\n\n(d)\nThe Court shall grant a motion filed under § 22-1844(a), if the movant establishes, by clear and convincing evidence that:\n(1)\nThe movant was convicted of an eligible offense;\n(2)\nThe movant is a victim of trafficking; and\n(3)\nThe conduct by the movant resulting in the conviction was a direct result of the movant having been a victim of trafficking.\n\n(e)\nThe Court shall grant a motion filed under § 22-1844(b), if the movant establishes, by clear and convincing evidence that:\n(1)\nThe movant was arrested but not prosecuted, or the prosecution was terminated without conviction, for an eligible offense or an ineligible offense;\n(2)\nThe movant is a victim of trafficking; and\n(3)\nThe conduct by the movant resulting in the arrest or prosecution was a direct result of the movant having been a victim of trafficking.\n\n(f)\nThere shall be a rebuttable presumption that a movant is a victim of trafficking if the movant includes in the motion a copy of an official record from a federal, state, tribal, or local proceeding finding that the movant was a victim of trafficking, including a Certification Letter or Eligibility Letter from the U.S. Department of Health and Human Services.\n\n(g)\nThe Court may grant a motion under this section based solely on an affidavit or sworn testimony of the movant.","path":["Title 22. Criminal Offenses and Penalties.","Chapter 18A. Human Trafficking."],"source_url":"https://code.dccouncil.gov/us/dc/council/code/sections/22-1845","current_through":"2026-08-20 (D.C. Law 26-175)","vintage":"","retrieved_at":"2026-08-29T05:44:07Z","sha256":"5f59d2c8da865d64617a33685ba7276c205e4e43e1901c46078b9992e0e65892","source_id":"us-dc","stale":false,"prev":"us-dc/d.c.-code-22-1844","next":"us-dc/d.c.-code-22-1846"},"notice":"GroundRules: Original legal text. Not legal advice."}