Articles Tagged with record sealing

DC DUI

DC DUI

In short, the answer is maybe. The District of Columbia record sealing statute makes Driving under the Influence and Driving while Intoxicated “ineligible misdemeanors.” Accordingly, on its face, the law prohibits sealing of a conviction for driving under the influence. However, a few months ago, I won an appeal that may have opened the door for getting at least some DUI convictions removed from a person’s record.

I will discuss this topic in a two part series. The first part will provide the backdrop of the District of Columbia Record Sealing Act and the problems the District of Columbia had with its Breathalyzer program for about ten years. Part Two will discuss how, because of the Breathalyzer issues and an appeal I won in May of this year, it may in fact be possible to get a DUI conviction taken off someone’s record in limited circumstances.

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Police CarIn Washington, DC, two separate agencies prosecute crimes.  The United States Attorney’s Office for the District of Columbia prosecutes felony cases and most misdemeanors.  In addition, the District of Columbia Office of the Attorney General prosecutes traffic crimes–most notably DUI’s.  When someone gets arrested, the arresting officers fills out a number of police reports.  Those reports are then sent to the prosecuting agency.  On any given day in Washington, DC, a specific, often unidentified, prosecutor will go through the reports and decides whether to bring criminal charges against the person arrested.  This process is referred to as “papering” a case.  When the “papering” prosecutor, decides that a particular arrest should not result in the government filing formal criminal charges against the person arrested, that arrest will be “no papered.”

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