IN THE SUPERIOR COURT OF THE DISTRICT OF COLUMBIA

Criminal Division

PETITION FOR EXPUNGEMENT / SEALING OF CRIMINAL RECORDS

(Pursuant to D.C. Code § 16-801 et seq.)

TABLE OF CONTENTS

1. I. Document Header
2. II. Definitions
3. III. Operative Provisions
4. IV. Representations & Warranties
5. V. Covenants & Restrictions
6. VI. Default & Remedies
7. VII. Risk Allocation
8. VIII. Dispute Resolution
9. IX. General Provisions
10. X. Execution Block
11. Exhibit A – Proposed Order
12. Exhibit B – Certificate of Service

[// GUIDANCE: Update page numbers after finalizing document. Court clerks will re-paginate upon filing.]

I. DOCUMENT HEADER

A. Parties
1. Petitioner: [Petitioner’s Full Legal Name], DOB [MM/DD/YYYY], SSN [-*-____], residing at [Street Address, City, State, ZIP].
2. Respondent Agencies (collectively, the “Respondent Agencies”):**
a. Metropolitan Police Department of the District of Columbia (“MPD”);
b. Office of the Attorney General for the District of Columbia;
c. United States Attorney’s Office for the District of Columbia;
d. Clerk of the Superior Court of the District of Columbia; and
e. [Any Additional Agency Known to Maintain Relevant Records].

B. Recitals
WHEREAS, Petitioner seeks relief under D.C. Code § 16-801 et seq. to expunge or, in the alternative, seal all criminal records relating to the offense(s) described herein; and
WHEREAS, expungement/sealing will advance the interests of justice, remove collateral consequences, and comport with statutory eligibility requirements;
NOW, THEREFORE, Petitioner respectfully petitions this Court as follows:

II. DEFINITIONS

For purposes of this Petition and the Proposed Order attached hereto:

1. “Criminal Record” means any arrest record, charge, citation, docket entry, photograph, fingerprint, court file, or other official record maintained by a Respondent Agency pertaining to the offense(s) identified in Section III.B.
2. “Eligible Disposition” means (i) acquittal, (ii) dismissal, (iii) nolle prosequi, (iv) conviction for an offense eligible for discretionary sealing, or (v) any other disposition that qualifies under D.C. Code § 16-801 et seq.
3. “Expungement” means permanent deletion of the Criminal Record from all databases, systems, and physical repositories.
4. “Sealing” means restricting public access to the Criminal Record such that it is available only to entities expressly authorized by statute or court order.
5. “Statutory Waiting Period” means the minimum period prescribed by D.C. Code § 16-803.[Applicable Subsection] following the latest of (i) final disposition, (ii) completion of sentence, or (iii) payment of all financial obligations.

[// GUIDANCE: Tailor definition of “Statutory Waiting Period” to the specific subsection (e.g., § 16-803.02 for non-convictions; § 16-803.05 for misdemeanor convictions).]

III. OPERATIVE PROVISIONS

A. Jurisdiction and Venue
1. This Court has jurisdiction under D.C. Code § 11-921 and D.C. Code § 16-803 et seq.
2. Venue is proper in the Superior Court of the District of Columbia because the underlying proceedings occurred within this jurisdiction.

B. Offense(s) Sought to Be Expunged/Sealed
| Arrest Date | Agency Case No. | Court Case No. | Charge(s) | Disposition | Disposition Date |
|-------------|-----------------|----------------|-----------|-------------|------------------|
| [MM/DD/YYYY] | [_] | [_] | [e.g., Simple Assault] | [e.g., Dismissed] | [MM/DD/YYYY] |

[// GUIDANCE: Add additional rows as necessary.]

C. Statutory Eligibility
1. The disposition(s) listed above constitute an Eligible Disposition.
2. Petitioner satisfies the Statutory Waiting Period of [__] years.
3. Petitioner has no pending criminal cases in any jurisdiction.
4. Petitioner has not been convicted of an ineligible offense during the applicable look-back period.

D. Grounds for Relief
1. Actual Innocence (if applicable): Petitioner asserts factual innocence and incorporates affidavits, exhibits, or sworn statements establishing that no crime was committed by Petitioner.
2. Interest of Justice (if applicable): Even absent actual innocence, sealing is warranted because (i) Petitioner has been rehabilitated, (ii) continued availability of the record yields collateral consequences disproportionate to the offense, and (iii) public safety will not be compromised.

E. Relief Requested
Petitioner respectfully requests that the Court enter an Order:
1. Expunging or, in the alternative, sealing all Criminal Records pertaining to the offense(s) identified above;
2. Directing each Respondent Agency to destroy or, in the alternative, seal such records within thirty (30) days of service of the Order;
3. Requiring Respondent Agencies to file affidavits of compliance within forty-five (45) days; and
4. Granting such other and further relief as the Court deems just and proper.

IV. REPRESENTATIONS & WARRANTIES

Petitioner hereby represents, warrants, and affirms under penalty of perjury that:
1. All statements herein are true and correct to the best of Petitioner’s knowledge, information, and belief.
2. Petitioner meets every statutory criterion for the requested relief.
3. No material fact has been omitted that would affect the Court’s analysis of eligibility.

V. COVENANTS & RESTRICTIONS

1. Petitioner shall promptly notify the Court of any arrest, charge, or conviction occurring after the filing of this Petition and prior to the Court’s ruling.
2. Petitioner agrees to comply with any additional directives or conditions imposed by the Court as a prerequisite to expungement/sealing.

VI. DEFAULT & REMEDIES

1. Events of Default: Any material misrepresentation or failure to disclose required information shall constitute a default.
2. Remedies: In the event of default, the Court may (i) deny or revoke the relief granted, (ii) impose sanctions, or (iii) refer the matter for prosecution for perjury.

VII. RISK ALLOCATION

[Not Applicable—no indemnification or liability caps are relevant to this Petition. Section retained for template consistency.]

VIII. DISPUTE RESOLUTION

A. Governing Law
This Petition and any related proceedings shall be governed exclusively by the laws of the District of Columbia, including D.C. Code § 16-801 et seq.

B. Forum Selection
Any hearings shall be conducted before the Superior Court of the District of Columbia, Criminal Division.

C. Arbitration/Jury Waiver
Not applicable to petitions for expungement/sealing.

D. Injunctive Relief
Petitioner expressly seeks injunctive relief in the form of a judicial order compelling Respondent Agencies to expunge/seal the Criminal Record.

IX. GENERAL PROVISIONS

1. Amendment and Waiver: Any amendment to this Petition must be filed in accordance with Superior Court rules.
2. Severability: Should any provision herein be deemed unenforceable, the remaining provisions shall continue in full force.
3. Integration: This Petition constitutes the entire request for relief; no prior statement or document shall supersede its terms.
4. Electronic Signatures: This Court accepts electronic signatures pursuant to Superior Court rules and administrative orders.

X. EXECUTION BLOCK

Respectfully submitted this _ day of _ 20__,

[Attorney Name], Esq. [DC Bar No. _]
[Law Firm Name]
[Street Address]
[City, State ZIP]
Tel: [--]
Email: [____]
Counsel for Petitioner

VERIFICATION

I, [Petitioner’s Name], declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge, information, and belief.

[Petitioner’s Signature] Date: _______

District of Columbia, ss:
Subscribed and sworn before me on this ___ day of ____ 20__.

Notary Public
My commission expires: ____

EXHIBIT A – PROPOSED ORDER text

SUPERIOR COURT OF THE DISTRICT OF COLUMBIA
Criminal Division

IN RE: [Petitioner’s Name] Case No. _

ORDER GRANTING PETITION FOR EXPUNGEMENT/SEALING

Upon consideration of the Petition filed under D.C. Code § 16-801 et seq., any opposition thereto, the record herein, and the applicable law, it is this ___ day of ____ 20__, hereby

ORDERED, that the Petition is GRANTED; and it is

FURTHER ORDERED, that the Metropolitan Police Department, the Clerk of the Superior Court, the United States Attorney’s Office, and all other Respondent Agencies identified in the Petition shall EXPUNGE, or in the alternative SEAL, all Criminal Records pertaining to the offenses described in the Petition within thirty (30) days of service of this Order; and it is

FURTHER ORDERED, that each Respondent Agency shall file with the Court an Affidavit of Compliance within forty-five (45) days of the entry of this Order; and it is

FURTHER ORDERED, that the Clerk shall seal the official Court file in this matter forthwith.

SO ORDERED.

JUDGE, Superior Court of the District of Columbia

EXHIBIT B – CERTIFICATE OF SERVICE

I hereby certify that on this ___ day of ____ 20__, a true and correct copy of the foregoing Petition for Expungement/Sealing and all accompanying exhibits were served via [method of service] on:

1. Office of the Attorney General for the District of Columbia
   [Address]
2. United States Attorney’s Office for the District of Columbia
   [Address]
3. Metropolitan Police Department, Records Division
   [Address]

[Attorney Name], Esq.

[// GUIDANCE:
1. Confirm current statutory waiting periods and offense eligibility before filing.
2. Attach any supporting affidavits, police reports, or dispositions as separate exhibits.
3. Verify service requirements under Superior Court Criminal Rule 49.
4. Update all placeholders prior to submission.
5. Where Petitioner seeks “actual innocence” relief, include corroborating evidence per D.C. Code § 16-803(a)(2).]