March 12, 2025
As of March 1, 2025, Washington D.C. has enacted a new law that allows individuals to seal many criminal records upon petition. This law presents several key changes to the district’s record-sealing process. As a result, it will provide thousands of residents the chance to clear eligible records.
The new law in question is the Second Chance Amendment Act. Though passed in 2022, the Act never received the necessary funding. As a result, it could not take full effect until recently. Under previous law, the record sealing process proved challenging to navigate and had a limited scope.
The Second Chance Amendment Act changed this by simplifying the process, expanding eligibility, and introducing an automatic record-sealing process. However, the law’s several provisions will take effect over time. Though the changes to eligibility and simplifications to the process have taken effect now, the district will have until October 2027 to enact the automatic record-sealing process.
Until the Second Chance Amendment Act fully implements the automated process, individuals must petition courts to remove their existing records. Under the newly updated process, at least five years must have passed since the completion of a sentence. Felonies must wait at least eight before becoming eligible for expungement.
Expungements occur only when the court finds that sealing the record is in the interest of justice. As such, the benefits must outweigh the costs of leaving the records available to the public. In making these judgments, the court will consider factors such as the type of offense, the time elapsed, and evidence of rehabilitation.
The law also made previously “ineligible misdemeanors,” which required a waiting period after dismissal, immediately eligible for sealing under motion. The public will no longer have access to relevant records after a court grants the motion to seal them. However, courts and law enforcement will maintain access to these sealed records.
One notable change under the Second Chance Amendment Act is the introduction of an automatic record-sealing process. This process should take effect by October 2027 and begin automatically sealing eligible misdemeanor offenses. However, offenses must complete a ten-year waiting period after the completion of the sentence to qualify for automatic expungement. It will also seal non-conviction records for certain eligible misdemeanor offenses.
Once the Second Chance Amendment Act takes effect, many employers will likely see an increase in eligible applicants. Employers should ensure the background reports they review do not include criminal records that qualify for expungement. One way to avoid sealed offenses is by working with a trusted screening provider. The right partner will have the tools and experience necessary to present accurate and fair information.
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