In Washington, D.C., having a criminal record can feel like a life sentence, even after you’ve served your time. But there’s good news. The Second Chance Amendment Act of 2022 is finally set to take effect in March 2025, and it brings the most significant changes to D.C. ‘s record-sealing laws in years. If you have a criminal record in the District, this law could be your shot at a clean slate.
What Is the Second Chance Amendment Act?
Passed in 2022, the Second Chance Amendment Act was designed to overhaul the District’s outdated record-sealing laws. Under the old system, getting a record sealed or expunged was a complicated, time-consuming process with limited eligibility. The new law expands eligibility, simplifies the process, and even includes automatic expungement for certain offenses.But there was one big problem: The D.C. Council failed to fund the law, so it never went into effect. Now, after years of waiting, funding has finally been approved, and the law is set to take effect in March 2025. That means thousands of D.C. residents with criminal records will soon have a new opportunity to move forward without the burden of past mistakes.Several provisions of the law are set to take effect over time. Automatic expungements for convictions and nonconvictions for charges that have subsequently been legalized or found unconstitutional will go into effect January 1, 2026. Starting January 1, 2026, old cases must be expunged by October 1, 2027 while new cases will be expunged within 90 days.
Who Qualifies for Expungement or Sealing Under the New Law?
The Act makes it easier for individuals to clear their records by introducing automatic expungement, expungement by motion, and record sealing options. Here’s what you need to know:
Automatic Expungement
For the first time, D.C. will implement automatic expungement for certain offenses. That means eligible records will be wiped clean without the need for a court filing. Automatic expungement applies to:
- Decriminalized or legalized offenses – If the law has changed and your offense is no longer a crime (such as past marijuana possession cases), your record will be expunged.
- Unconstitutional convictions – If a higher court has ruled that a law is unconstitutional, any convictions under that law will be erased.
- Certain marijuana offenses – Specifically, cases involving simple possession before February 15, 2015.
These provisions will take effect January 1, 2026. For old cases, the records must be expunged by the Court by October 1, 2027. For new records, the Court has 90 days to expunge.These provisions apply to both dismissed cases and convictions for eligible offenses.
Expungement by Motion
For other cases, individuals may still be able to petition the court for expungement by motion. This applies to cases where:
- The charge was dismissed or resulted in an acquittal.
- The person can prove actual innocence of the crime.
Unlike automatic expungement, this process requires filing a motion with the court. The movant, however, must prove by a preponderance of the evidence that either the offense did not happen or another individual committed the offense. This code section leaves virtually unchanged the process for filing a Motion to Seal based on Actual Innocence that existed under the old record sealing law..
Automatic Record Sealing
If you have a criminal record but don’t qualify for expungement, you may still be eligible for automatic record sealing. This means the record will no longer be accessible to the public, but it will still exist in law enforcement databases. Automatic sealing applies to:
- Non-conviction records – If you were arrested but never convicted, your record will be sealed for certain eligible misdemeanor offenses.
- Certain misdemeanor convictions – If at least 10 years have passed since you completed your sentence, the record will be sealed automatically (unless the offense falls under certain exceptions, like domestic violence or DUI cases).
Accordingly, effective January 1, 2026 many misdemeanor charges that do not result in a conviction will be eligible for automatic expungements. These offenses include run of the mill non-domestic violence offenses like simple assault, unlawful entry, and simple possession of drugs. The eligible offenses do not include DUI related charges, domestic violence offenses, misdemeanor sexual abuse and a host of other offenses.For eligible convictions, automatic expungements will go into effect starting 10 years after the completion of the individual’s sentence. These also go into effect January 1, 2026.
Sealing by Motion
If your offense isn’t eligible for automatic sealing, you may still be able to file a motion to have it sealed. This option is available for:
- Most misdemeanor and felony convictions after a waiting period (5 years for misdemeanors, 8 years for felonies).
- Cases where sealing is in the “interests of justice”, meaning the benefits of sealing outweigh the public interest in keeping the record accessible.
When deciding whether to grant a motion, the court will consider factors such as:
- The nature of the offense
- The individual’s criminal history
- The time elapsed since the offense
- Statements from victims and prosecutors
- Evidence of rehabilitation
If granted, sealing means your record is no longer public, but it can still be accessed by law enforcement and certain government agencies. The big change from the former record sealing law is that what was defined as “ineligible misdemeanors” (charges like DUI, OWI, and domestic violence offenses) no longer have a waiting period that must be served if the charge is dismissed.Under the old law, dismissed charges required a four year waiting period from the date of dismissal or a three year waiting period from the date the case was no papered. Now individuals who have felony or formerly defined as ineligible misdemeanor charges can file for sealing immediately. That does not mean the judge will automatically grant the motion but the waiting period for eligibility has been removed.In addition, if individuals do not want to wait 10 years for their misdemeanor conviction to be automatically sealed for eligible offenses, the individual can file for sealing five years after the completion of the sentence.These provisions take effect March 1, 2025. Even felony convictions can be sealed with the exception of certain serious offenses like murder, rape, and armed carjacking if the movant waits eight years from the completion of the sentence.
Why This Law Matters
For anyone with a criminal record in D.C., this law is a game-changer. A criminal record can make it nearly impossible to get a job, rent an apartment, or even secure a loan. By expanding expungement and sealing options, the Second Chance Amendment Act gives thousands of people the opportunity to rebuild their lives without the stigma of past convictions.Moreover, the law recognizes that not all criminal records should be permanent. People make mistakes. Laws change. And sometimes, the justice system gets it wrong. This legislation acknowledges those realities and provides a meaningful path toward redemption.
How to Take Advantage of the New Law
If you think you might be eligible for expungement or record sealing under the Second Chance Amendment Act, here’s what you need to do:
- Find out if your record qualifies – Not every offense is eligible, so you’ll need to review the criteria.
- Gather your records – This includes court documents, sentencing records, and any relevant legal paperwork.
- Consult an attorney – The law is complex, and having an experienced lawyer can significantly increase your chances of success.
- File a motion if necessary – If your record doesn’t qualify for automatic expungement or sealing, you may need to file a formal request with the court.
Don’t Wait – Get Help Now
The Second Chance Amendment Act finally gives D.C. residents a long-overdue opportunity to move forward without the burden of a criminal record. But navigating the expungement process can still be tricky, and not everyone will qualify for relief.At Scrofano Law PC, we’ve helped countless individuals clear their records and reclaim their futures. If you’re wondering whether you qualify under the new law, contact us today for a consultation. The time to act is now—don’t let your past define your future.