FAQ / How Do I Seal My Arrest Record?

You will need help from a lawyer to write and file all of the necessary documents to have a court seal your records. You can hire your own lawyer or contact the Public Defender's Service (PDS) at (202) 628-1200 or the D.C. Employment Justice Center (EJC) at (202) 828WORK (9675) for help.
(1) Write a Motion to Seal Records. A Motion to Seal Records is an official document that you file with court asking it to seal your arrest record. Along with this Motion, you must write:
.(a) A Certificate of Service, which tells the court that you gave a copy of your Motion to the government prosecutor;
.(b) A Memorandum of Points and Authorities In Support of the Motion to Seal, which explains all the reasons why the court should seal your record; and
.(c) A sample Order, which tells everyone to seal your records and which the judge can sign if he or she agrees with you.

In order to write your Motion and Memorandum, you will need to know the date of your
arrest, the date the prosecution was terminated, and the docket number of your case. All
of this information is on your criminal record. Your Motion to Seal, Certificate,
Memorandum, and Order should look like the samples in the Appendix of Motions. You
should include all information that supports your arguments and attach as exhibits your
criminal record and any other documents supporting your argument, including a sworn
affidavit in which you state that you are innocent. You should also include the following
things:
• Getting An Extension Of The Filing Deadline. Because there is no way of knowing whether the government will object to your lateness, you should always try to show the court that there is "good cause" and "manifest injustice" if you have missed the 120 day deadline. Good Cause. Showing "good cause" for an extension is telling the court the
reasons why you did not file earlier. The fact that you did not know you could seal your record can be "good cause" for an extension. See United States v. Horton, 120 Daily Wash. L. Rptr. 187 (D.C. Super. Ct. 1992) (balancing test for good cause includes reasons for failure to make timely filing, weight of evidence in favor of movant, prejudice to government if extension is granted, and any other relevant factors). Other reasons include severe illness, incarceration, or anything else that physically prevented you from filing a Motion to Seal before the deadline.
 Manifest Injustice. Showing the court that "manifest injustice" will result if you do not get the extension is telling the court how you will be hurt if you cannot seal your record. A good example of "manifest injustice" is that if your arrest is not sealed, you will not be able to get a job. But see id. (finding no "manifest injustice" where movant had multiple arrests because not clear that arrest in question was the one preventing him from getting a job). Any violation of your rights, such as an illegal arrest, will also be evidence of manifest injustice. See Rezvan v. District of Columbia, 582 A.2d 937, 938
(D.C. 1990) (citing lack of probable cause, arrest in violation of other constitutional rights, or bad faith prosecution as examples of manifest injustice).
• Proving Your Innocence. If you can get an extension, the court may hold a hearing to see whether you should have your record sealed. See White, 582 A.2d at 1201 (court has broad discretion but cannot deny hearing when movant's sworn uncontroverted evidence is adequate to entitle movant relief). But see Mahaise v. United States, 722 A.2d 29, 30 (D.C. 1998) (movant not entitled to hearing despite government's failure to contradict movant's affidavit when movant's affidavit showed that movant committed assault). The court will only seal your record if you can prove that you are innocent of the offense you were arrested for and that the police had no other good reason to arrest you. See D.C. Super. Ct. R. Cr. P. 118(e) ("clear and convincing evidence" standard); White, 582 A.2d at 1201 (movant must show by clear and convincing evidence that offense did not occur or that he or she did not commit the offense); United States v. Steingeiser, 113 Daily Wash. L. Rptr. 57 (D.C. Super. Ct. 1985 (same); see also Villavicencio, 755 A.2d at 438 (if arrest report shows facts sufficient to support probable cause to arrest movant for any offense, movant's innocence of offense listed on report does not entitle him or her to relief); United States v. Smith, 118 Daily Wash. L. Rptr. 2425, 2430-31 (D.C. Super. Ct. 1990) (same).
.(2) File Your Motion to Seal With D.C. Superior Court.
.(a) Filing Fee. Pay a $20 filing fee in the Superior Court Criminal Finance Office, Room 4201. Always get a receipt. If you cannot pay the filing fee, you can file a Motion “In Forma Pauperis” and a notarized affidavit. An example of this Motion is on page 3. For more information on notarizing, see page 3. However, the cost of preparing and notarizing the affidavit will likely exceed the filing fee.
.(b) Bring Original and Four Copies. File the "original" Motion, Certificate and Memorandum (the ones you or your lawyer actually signed) and 4 copies along with the filing fee receipt with the Clerk of the Superior Court, Room 4010 (misdemeanors) or 4000 (felonies). The Clerk will take the originals and two of the copies and give you back the other two with a stamp showing that you filed them.
.(3) File a Copy With the U.S. Attorney. You must give a copy of your Motion, Certificate, Memorandum and Order to the government prosecutor so they can decide whether to oppose it. See D.C. Super. Ct. R. Cr. P. 118(a)-(b) (prosecutor is required to respond only if they do not intend to oppose the motion). In this case, the prosecutor is the United States Attorney so take one copy of everything to:


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