Legal Review: D.C. Lawmakers Seek to Expand Opportunities for Criminal Record Expungement

By Washington D.C. criminal defense attorney Glenn Ivey with Price Benowitz, LLP.

One of the biggest challenges to anyone seeking a new job or to improve their lot in life is the existence of a criminal record. Most employers and landlords conduct criminal background checks prior to hiring individuals or entering into leases, and the existence of a criminal record can severely limit both employment and housing opportunities.

The District of Columbia is proposing more opportunities for individuals to have their records of certain non-violent misdemeanors and felonies expunged, as well as proposing that other records be eligible to be sealed or even permanently deleted.

The changes, which are supported by a majority of the city’s council members and which take the form of two separate proposals, have supporters and detractors.

Supporters say, as noted above, that many criminal convictions cause unnecessary long-term damage to the offenders and their ability to move forward with their lives. Additionally, certain stigmas associated with charges — such as prostitution — can limit an individual’s ability to reintegrate into society.

However, news outlets — including The Washington Post — and other open government and press groups, oppose this legislation.

The reason, these groups argue, is that allowing the press to have access to the full criminal background of individuals ensure that proper reporting can be done and that the histories and pasts of individuals are available for public review in the event an individual seeks public office.

Victim advocates and attorneys also oppose these changes, arguing that the previous charges and convictions of individuals are necessary in establishing a record of violence in order to protect victims of spousal or child abuse.

“There are most certainly situations where expungements or deletion of records are inappropriate,” said Glenn Ivey, a D.C. Expungement Attorney with the law firm of Price Benowitz, LLP. However, he continued, “increasing the number of opportunities for reasonable expungement can greatly improve an individual’s ability to fully rehabilitate and contribute to society.”

Under current law, an individual’s criminal record can be sealed or expunged if it can be proved that the individual was innocent of the crime of which they were convicted, or if the crime committed is eligible for record sealing — mostly low-level misdemeanors and nonviolent crimes for which there was no injured individual.

However, there are many other requirements that must be satisfied before an individual is eligible to request that their record be sealed, and hiring a qualified attorney is a person’s best bet for having their record sealed.