District of Columbia Affidavit in Support of Motion to Order Expungement of Criminal Record

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US-02246BG
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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

Felony convictions are typically not eligible for sealing or expungement in D.C. One exception is a felony conviction for violating the Bail Reform Act. Another possible exception would be a felony conviction under the Controlled Substances Act in which the court sentenced the defendant under D.C. Code § 48-904.01(e).

In Washington State, background checks usually go back seven years, following the FCRA guidelines. However, some types of background checks, such as those for positions with high security or trust, may delve further into an individual's history.

D.C.'s Second Chance Amendment Act (Second Chance) will allow for automatic sealing of non-violent criminal records for individuals charged - but not convicted - of a crime and will shorten waiting periods to seal conviction records.

Background checks generally cover varying timeframes, such as seven to 10 years for criminal and federal checks, three to seven years for employment verifications, the highest degree earned for education verifications, three to 7 years for MVR checks, and seven years or longer for credit checks based on the position.

The District of Columbia City Council enacted the Criminal Record Sealing Act of 2006. This act permits persons who have a criminal record to have their criminal record sealed provided they meet the eligibility criteria. For a copy of the Criminal Record Sealing Act of 2006, click on the Forms Search link.

Employers can review adult arrest records for offenses committed within the last ten years and that resulted in conviction or forfeiture of collateral. An employer may not obtain: ? Juvenile records.

The effect of an expungement under D.C. Code § 25-1002 is to restore the person to the position he/she occupied before the arrest. A person who has been the subject of juvenile proceedings in D.C. can also file a motion to have all records associated with the case sealed.

You must file a written motion with the Court to seal your records. Sealing is at the judge's discretion. In deciding whether to seal your court record, a judge will weigh your privacy interests against the public's interest in keeping the files open.

In Los Angeles California, they will use FirstAdvantage and conduct a seven year background check.

Here's how far back other types of Maryland background checks can go: Criminal record information: Maryland law prohibits CRAs from reporting the records of arrest, indictments, criminal convictions, or any other adverse information that is older than seven years.

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District of Columbia Affidavit in Support of Motion to Order Expungement of Criminal Record