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1 A BILL
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3 24-63
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5 IN THE COUNCIL OF THE DISTRICT OF COLUMBIA
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7 ________________
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10 To amend Chapter 8 of Title 16 of the District of Columbia Official Code to provide definitions,
11 to permit automatic expungement and expungement by motion for certain criminal records,
12 to permit automatic sealing and sealing by motion for certain criminal records, to state the
13 effect of expungement and sealing, to clarify access to sealed or expunged criminal records,
14 and to provide for retroactive application; and to prohibit criminal history providers from
15 reporting criminal history information related to records that have been sealed, expunged,
16 or set aside, to authorize the Office of Human Rights to adjudicate complaints, and to
17 provide penalties.
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19 BE IT ENACTED BY THE COUNCIL OF THE DISTRICT OF COLUMBIA, That this
20 act may be cited as the Second Chance Amendment Act of 2022.
21 TITLE I. CRIMINAL RECORD SEALING AND EXPUNGEMENT.
22 Sec 101. Title 16 of the District of Columbia Official Code is amended as follows:
23 (a) The table of contents is amended by striking the phrase 8. Criminal Record Sealing
24 and inserting the phrase 8. Criminal Record Sealing and Expungement in its place.
25 (b) Chapter 8 is amended to read as follows:
26 CHAPTER 8
27 CRIMINAL RECORD SEALING AND EXPUNGEMENT
28 Section
29 16-801. Definitions.
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30 16-802. Automatic expungement of criminal records.
31 16-803. Expungement of criminal records by motion.
32 16-804. Effect of expungement of criminal records.
33 16-805. Automatic sealing of criminal records.
34 16-806. Sealing of criminal records by motion.
35 16-807. Effect of sealing of criminal records.
36 16-808. Applicability.
37 16-809. Savings provision.
38 16-801. Definitions.
39 For the purposes of this chapter, the term:
40 (1) Clerk means the Clerk of the Superior Court of the District of Columbia.
41 (2) Completion of the sentence means the person has been unconditionally
42 discharged from incarceration, commitment, probation, parole, or supervised release, whichever
43 is latest; provided, that nonpayment of fines, restitution, or any other monetary assessments
44 imposed by the Court shall not prevent completion of a sentence.
45 (3) Conviction means the judgment on a verdict or a finding of guilty, a plea of
46 guilty or a plea of nolo contendere, or a plea or verdict of not guilty by reason of insanity.
47 (4) Court means the Superior Court of the District of Columbia.
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48 (5) Expungement" means the removal from public access of records of the Court,
49 prosecutor, and law enforcement, corrections, pretrial, and community supervision agencies
50 related to a person's citation, arrest, charge, conviction, or related court proceedings.
51 (6) Public means any person, agency, organization, or entity other than any:
52 (A) Court;
53 (B) Federal, state, or local prosecutor;
54 (C) Law enforcement agency;
55 (D) Licensing agency, with respect to a criminal offense that may
56 disqualify a person from obtaining that license;
57 (E) Licensed school, day care center, before or after school facility or other
58 educational or child protection agency or facility; and
59 (F) Government employer or nominating or tenure commission with
60 respect to:
61 (i) Employment of a judicial or quasi-judicial officer; or
62 (ii) Employment at a senior-level, executive-grade government
63 position.
64 (7) Sealing means the removal from access by the public of records of the Court,
65 prosecutor, and law enforcement, corrections, pretrial, and community supervision agencies
66 related to a person's citation, arrest, charge, conviction, or related court proceedings.
67 16-802. Automatic expungement of criminal records.
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68 (a) The Court shall order automatic expungement of all criminal records and court
69 proceedings related to citations, arrests, charges, or convictions for the commission of a criminal
70 offense that has subsequently been decriminalized, legalized, or held to be unconstitutional by an
71 appellate court, if:
72 (1) The citation, arrest, or charge was not made in connection with and did not
73 result in any other charges against the person;
74 (2) The case was terminated by the prosecutor or otherwise reached a final
75 disposition; and
76 (3) The prosecutor has not:
77 (A) Filed a written motion, which may be made ex parte, to retain and
78 sequester the record for a limited period of time; and
79 (B) Demonstrated by clear and convincing evidence that retention is
80 necessary for a lawful purpose, such as:
81 (i) Investigating, prosecuting, or defending another criminal case;
82 (ii) Complying with disclosure obligations in another criminal
83 case; or
84 (iii) Determining the persons suitability for diversion, release,
85 sentencing reduction, or record sealing in another case.
86 (b) Eligible criminal records and court proceedings related to citations, arrests, charges,
87 and convictions shall be expunged pursuant to subsection (a) of this section by January 1, 2025,
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88 or within 90 days after termination of the case by the prosecutor or final disposition, whichever is
89 later.
90 16-803. Expungement of criminal records by motion.
91 (a) The Court shall order expungement of all criminal records and court proceedings
92 related to citations, arrests, or charges for the commission of a criminal offense on the grounds of
93 actual innocence if:
94 (1) The case was terminated by the prosecutor or otherwise reached a final
95 disposition and did not result in a conviction or acquittal pursuant to 24-501; and
96 (2) The person cited, arrested, or charged files a written motion demonstrating, by
97 a preponderance of the evidence, that the offense for which the person was cited, arrested, or
98 charged:
99 (A) Did not occur; or
100 (B) Was not committed by the person.
101 (b) A motion filed pursuant to subsection (a)(2) of this section:
102 (1) Shall state:
103 (A) The grounds upon which eligibility for expungement is based; and
104 (B) Facts in support of the movants claim; and
105 (2) May be:
106 (A) Accompanied by a statement of points and authorities in support of the
107 motion, and any appropriate exhibits, affidavits, and supporting documents; and
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108 (B) Filed at any time.
109 (c) A copy of the motion and any amended motion shall be served upon the prosecutor.
110 (d)(1) If it plainly appears from the face of the motion, any accompanying exhibits,
111 affidavits, and documents, and the record of any prior proceedings in the case, that the movant is
112 not entitled to relief, the Court may dismiss or deny the motion.
113 (2) If the motion is not dismissed or denied after initial review, the Court may
114 order the prosecutor to file a response to the motion. If ordered, the prosecutor shall file the
115 response within 60 days after the issuance of the order.
116 (3) Upon the filing of the prosecutors response, if any, the Court shall determine
117 whether a hearing is required.
118 (4) If the Court determines that a hearing is required, the hearing shall be
119 scheduled within 30 days after the prosecutors response, if any. If the Court determines that a
120 hearing is not required, the Court shall dismiss, grant, or deny the motion within 30 days after the
121 prosecutors response, if any.
122 (5) At the hearing, the movant and the prosecutor may present witnesses and
123 information by proffer or otherwise. Hearsay evidence shall be admissible.
124 (6) An order dismissing, granting, or denying the motion shall be:
125 (A) In writing and include reasons for the decision; and
126 (B) A final order for purposes of appeal.
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127 (7) A motion made pursuant to this section may be dismissed without prejudice to
128 permit the movant to renew the motion after further passage of time.
129 (8) If the Court denies the motion, the Court shall entertain a second motion for
130 the same relief no sooner than one year after the date on which the order on the initial motion was
131 resolved. If the Court denies the movants second motion, the Court shall entertain a third and final
132 motion no sooner than one year after the date on which the order on the second motion was
133 resolved.
134 (9) If the Court grants the motion, it shall summarize in the order the factual
135 circumstances of the challenged citation, arrest, or charge and any post-arrest occurrences it deems
136 relevant, and shall rule as a matter of law that the movant did not commit the offense for which
137 the movant was arrested or that no offense had been committed.
138 (e) An acquittal shall not establish a presumption that the movant is innocent or entitled
139 to relief pursuant to this section.
140 (f) Eligible criminal records and court proceedings related to citations, arrests, and charges
141 shall be expunged pursuant to subsection (a) of this section within 90 days after a motion is granted.
142 16-804. Effect of expungement of criminal records.
143 (a) The effect of expungement shall be to restore a person, in the contemplation of the
144 law, to the status they occupied before being cited, arrested, charged, or convicted.
145 (b) No person as to whom criminal record expungement relief has been granted shall be
146 held thereafter under any provision of law to be guilty of perjury or otherwise giving a false
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147 statement by reason of failure to acknowledge or disclose their citation, arrest, charge, prosecution,
148 disposition, or conviction, in response to any inquiry made of them for any purpose.
149 (c) If the Court orders that a criminal record be expunged:
150 (1) The Clerk and each prosecutor and law enforcement, corrections, pretrial, and
151 community supervision agency shall:
152 (A) Eliminate from all publicly available physical and computerized
153 records any references that identify the person as having been cited, arrested, prosecuted, or
154 convicted;
155 (B) Be entitled to retain records relating to the persons citation, arrest,
156 prosecution, and conviction in a nonpublic, restricted access file; and
157 (C) Reply in response to public inquiries concerning the existence of the
158 records that no records are available;
159 (2) Each prosecutor and law enforcement, corrections, pretrial, and community
160 supervision agency shall file a certification with the Court within 90 days after an order to expunge
161 is issued that, to the best of its knowledge and belief, all references that identify the person as
162 having been cited, arrested, prosecuted, or convicted have been expunged;
163 (3) The Clerk shall:
164 (A) Retain a nonpublic record, appropriately and securely indexed to
165 protect its confidentiality, containing records retrieved pursuant to this section and the
166 certifications filed pursuant to paragraph (2) of this subsection; and
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167 (B) Provide a copy of the order to expunge and the certifications filed
168 pursuant to paragraph (2) of this subsection to the person who was cited, arrested, charged, or
169 convicted, or their counsel:
170 (i) When the Court issues the order;
171 (ii) When the certifications are filed pursuant to paragraph (2) of
172 this subsection; and
173 (iii) At any time, upon proper identification, without a showing of
174 need;
175 (4) In a case involving co-defendants in which the Court orders the persons
176 criminal records be expunged, the Court shall order:
177 (A) That only those records, or portions thereof, relating solely to the
178 person be redacted;
179 (B) To the extent practicable, that the persons name be redacted from
180 records that are not expunged; and
181 (C) The redaction of references to the person that appear in a transcript of
182 court proceedings involving co-defendants; and
183 (5) The Court shall not order the redaction of the persons name from any
184 published opinion of the trial or appellate courts that refers to the person.
185 (d)(1) Records retained in a nonpublic file pursuant to this section shall be available to:
186 (A) The person who was cited, arrested, charged, or convicted;
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187 (B) A prosecutor, defense attorney, law enforcement, corrections, pretrial,
188 or community supervision agency, for the purpose of:
189 (i) Investigating, prosecuting, or defending another criminal case;
190 or (ii) Complying with disclosure obligations in another criminal
191 case; and
192 (iii) Determining the persons suitability for diversion, release,
193 sentencing reduction, or record sealing in another case;
194 (C) Other persons or entities for the purpose of:
195 (i) Use in civil litigation related to the citation, charge, arrest, or
196 conviction; or
197 (ii) Upon order of the Court for good cause shown, such as for
198 anonymized records for academic or journalistic purposes.
199 (2) A request for access to expunged court records may be made ex parte.
200 (3) If the Court permits a requestor to access or disclose expunged records, the
201 Court and the requestor shall take all reasonable measures to ensure that the records are secure and
202 that the contents are not identifiably disclosed, published, or redistributed, such as by issuing a
203 protective order or electronically limiting access to verified viewers.
204 (4) Any person, upon making inquiry of the Court concerning the existence of
205 criminal records involving an individual, shall be entitled to rely, for any purpose under the law,
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206 upon the clerks response that no records are available with respect to any issue about that persons
207 knowledge of the individuals record.
208 16-805. Automatic sealing of criminal records.
209 (a) Except as otherwise provided in this chapter and in subsection (b) of this section, the
210 Court shall order automatic sealing of all criminal records and court proceedings related to:
211 (1) Citations, arrests, or charges for the commission of a criminal offense;
212 provided, that the case was terminated by the prosecutor or otherwise reached a final disposition
213 and did not result in a conviction or acquittal pursuant to 24-501; and
214 (2) Citations, arrests, charges, and convictions for the commission of a
215 misdemeanor offense that resulted in a conviction; provided, that a waiting period of at least 10
216 years has elapsed since completion of the sentence.
217 (b) The Court shall not order automatic sealing pursuant to this section if the citation,
218 arrest, charge, or conviction is for:
219 (1) An intrafamily offense, as defined in 16-1001(8);
220 (2) Parental kidnapping, as described in 16-1022;
221 (3) Criminal abuse of a vulnerable adult or elderly person, as described in 22-
222 933;
223 (4) Financial exploitation of a vulnerable adult or elderly person, as described in
224 22-933.01;
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225 (5) Refusal or neglect of guardian to provide for child under 14 years of age, as
226 described in 22-1102;
227 (6) An offense for which sex offender registration is required pursuant to Chapter
228 40 of Title 22, and the registration period has not expired;
229 (7) Violation of Chapter 40 of Title 22, as described in 22-4015;
230 (8) A dangerous crime, as defined in 23-1331(3);
231 (9) A crime of violence, as defined in 23-1331(4);
232 (10) Driving under the influence (DUI) of alcohol or a drug, as described in 50-
233 2206.11;
234 (11) Driving under the influence of alcohol or a drug; commercial vehicle, as
235 described in 50-2206.12); or
236 (12) Operating a vehicle while impaired, as described in 50-2206.14).
237 (c) Criminal records and court proceedings:
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