DC Second Chance Amendment Act of 2022 – Expansion of Criminal Record Sealing and Expungements in Washington, DC
In 2022, the District of Columbia took a significant step toward criminal justice reform by passing the DC Second Chance Amendment Act. This groundbreaking legislation expands opportunities for individuals with criminal records to have their records sealed or expunged, allowing them to rebuild their lives without the burden of past mistakes. The law reflects a growing recognition that punitive measures should not extend indefinitely, and that people should not suffer collateral consequences indefinitely.
This blog post will break down the key provisions of the DC Second Chance Amendment Act of 2022, its implications, and why it matters for justice reform in the nation’s capital.
What Is the DC Second Chance Amendment Act of 2022?
The DC Second Chance Amendment Act of 2022 is an expansion of Washington, D.C.'s existing laws on record sealing and expungement. It allows more individuals to clear their criminal records, reducing barriers to employment, housing, and education.
The law acknowledges that many individuals with criminal records face substantial collateral consequences long after the case has concluded. By allowing more people to seal or expunge their records, the act aims to promote rehabilitation, reduce recidivism, and foster a fairer justice system.
Key Provisions of the Law
The Second Chance Amendment Act introduces several important changes to D.C.'s criminal record sealing and expungement process:
1. Automatic Expungement of Certain Criminal Records
The new law requires expungement of all criminal records and court proceedings for citations, arrests, charges, or convictions for offenses that are subsequently decriminalized or held to be unconstitutional, as well as convictions for simple possession of marijuana. Exceptions exist if the government shows by clear and convincing evidence that the retention of the records are necessary for a lawful purpose or the person does not qualify for expungement.
2. Expungement of Criminal Records by Motion Based on Actual Innocence
Previously, the law referred to “sealing” a criminal record based on actual innocence. The new law uses the term “expungement” and requires the court to order expungement of criminal records and court proceedings for citations, arrests, or charges based on actual innocence if the case did not result in a conviction, and the person can show by a preponderance of the evidence that the offense did not occur or they did not commit the offense.
3. Effect of Expungement
Expungement of a criminal record or court proceeding shall have the effect of restoring the person to the status they held before the citation, arrest, charge, or conviction.
4. Automatic Record Sealing for Certain Offenses
Previously, individuals had to file a petition to have their records sealed, which could be a lengthy and complicated process. Under the new law, certain non-violent misdemeanor records will be automatically sealed after 10 years if the individual has not committed another offense. This automatic sealing removes the burden from individuals to navigate the legal process on their own.
5. Shortened Waiting Periods
Before this law, individuals often had to wait many years before being eligible to request record sealing. The new legislation shortens these waiting periods, allowing people to apply for record sealing sooner after completing their sentences if they can show by a preponderance of the evidence that it is in the interests of justice to do so. For example, certain misdemeanors can now be sealed after five years, instead of the previous ten-year requirement. Certain felonies are also now eligible to be sealed after an 8-year waiting period
Why This Law Matters
The DC Second Chance Amendment Act of 2022 is more than just a legal change—it is a step toward a more just and equitable society. Here is why it matters:
Many employers conduct background checks before hiring, and a criminal record—regardless of how old or minor—can disqualify someone from getting a job. By allowing more individuals to expunge their records, the law increases access to employment opportunities, helping people achieve financial stability.
A criminal record can make it difficult to secure housing, as many landlords refuse to rent to individuals with past convictions. With the new law, more people will have a fair chance at finding a place to live.
Conclusion
The DC Second Chance Amendment Act of 2022 expands access to record sealing and expungement, paving the way for a more just legal system. For those affected by past criminal records, this act is more than just a policy change—it is an opportunity to reclaim their lives. If you or someone you know may benefit from this law, now is the time to consult with an experienced criminal defense attorney about your rights under the new law.