D.C. Super. Ct. Juv. R. 118

(a) Pursuant to District of Columbia v. Hudson, 404 A.2d 175 (D.C. App. 1979).

(1) Motion for sealing and declaratory relief. Any respondent arrested for the

commission of a delinquent act as defined in D.C. Code § 16-2301(7) who has not been

the subject of a petition may file a motion to seal the records of the respondent's arrest

within 120 days after the charges have been dismissed. For good cause shown and to

prevent manifest injustice, the respondent may file a motion within three years after the

prosecution has been terminated, or at anytime thereafter if the government does not

object. As to arrests occurring on or after July 19, 1979, but before the adoption of this

Rule, a motion may be filed within 120 days after the adoption of this Rule. The motion

shall state facts in support of the movant's claim and shall be accompanied by a statement

of points and authorities in support thereof. The movant may also file any appropriate

exhibits, affidavits, and supporting documents. A copy of the motion shall be served upon

the Office of the Attorney General.

(2) Response by Office of the Attorney General. If the Office of the Attorney General

does not intend to oppose the motion, it shall so inform the Court and the movant, in

writing, within 30 days after the motion has been filed. Otherwise, the Office of the Attorney

General shall not be required to respond to the motion unless ordered to do so by the

Court, pursuant to subparagraph (a)(3) of this Rule.

(3) Initial review by court; summary denial; response by Office of the Attorney General.

If it plainly appears from the face of the motion, any accompanying exhibits and

documents, the record of any prior proceedings in the case, and any response which the

Office of the Attorney General may have filed, that the movant is not entitled to relief, the

Court, stating reasons therefore on the record or in writing, shall deny the motion and send

notice thereof to all parties. In the event the motion is not denied, the Court shall order the

Office of the Attorney General to file a response to the motion, if it has not already done

so. Such response shall be filed and served within 60 days after entry of the Court's order.

The response shall be accompanied by a statement of points and authorities in opposition,

and any appropriate exhibits and supporting documents.

(4) Court's determination of whether to hold a hearing. Upon the filing of the Office of

the Attorney General's response, the Court shall determine whether an evidentiary hearing

is required. If it appears that a hearing is not required, the Court shall enter an appropriate

order, pursuant to subparagraph (a)(6) of this Rule. If the Court determines that a hearing

is required, one shall be scheduled promptly.

(5) Determination of motion. If a hearing is held, hearsay evidence shall be

admissible. If, based upon the pleadings or following a hearing, the Court finds by clear

and convincing evidence that the offense for which the movant was arrested did not occur

or that the movant did not commit the offense, the Court shall order the movant's arrest

records retrieved and sealed pursuant to subparagraph (a)(6).

(6) Findings and order; declaratory relief.

(A) Order denying motion. If the Court denies the motion, it shall issue an order and

shall set forth its reasons on the record or in writing.

(B) Order granting motion. If the Court grants the motion, it shall issue an order, in

writing, pursuant to subparagraphs (a)(6)(B)(i), (ii) and (iii) of this Rule.

(i) Retrieval of arrest records and purging of computer records. The Court shall

order the Office of the Attorney General to collect from its office, the law enforcement

agency responsible for the movant's arrest and/or the Metropolitan Police Department all

records of the movant's arrest in their central files, including without limitation all

photographs, fingerprints, and other identification data. The Court shall also direct the

Office of the Attorney General's office to arrange for the elimination of any computerized

record of the movant's arrest. However, the Court shall expressly allow the Office of the

Attorney General's office and the law enforcement agency to maintain a record of the

arrest so long as the record is not retrievable by the identification of the movant. The Court

shall also order the Office of the Attorney General's office to request that the law

enforcement agency responsible for the arrest retrieve any of the aforementioned records

which were disseminated to the Court's Social Services Division, the Youth Services

Administration, and the Family Services Administration, and to collect these records when

retrieved.

(ii) Requirement that arrest records be sealed. The Court shall order the Office of

the Attorney General to file with the Clerk of the Court, within 60 days, all records collected

by the law enforcement agency and in the Office of the Attorney General's own

possession. These records shall be accompanied by a certification that to the best of the

Office of the Attorney General's knowledge and belief no further records exist in the Office

of the Attorney General's own possession or in the possession of the law enforcement

agency's central records files or those of its disseminees, or that, if such records do exist,

steps have been taken to retrieve them. The Court shall order the Clerk to collect all

Superior Court records pertaining to the movant's arrest and cause to be purged any

computerized record of such arrest. However, the Court shall expressly allow the Clerk to

maintain a record of the arrest so long as the record is not retrievable by the identification

of the movant. The Court shall also order the Clerk to file under seal all Superior Court

records so retrieved, together with all records filed by the Office of the Attorney General

pursuant to this paragraph, within seven days after receipt of such records.

(iii) Declaratory relief. The Court shall summarize in the order the factual

circumstances of the challenged arrest and any post-arrest occurrences it deems relevant,

and, if the facts support such a conclusion, shall rule as a matter of law that the movant did

not commit the offense for which the movant was arrested or that no offense had been

committed. A copy of the order shall be provided to the movant or the movant's counsel.

The movant may obtain a copy of the order at any time from the Clerk of the Court, upon

proper identification, without a showing of need.

(7) Sanitization of records involving co-respondents. In a case involving

co-respondents in which the Court orders the movant's records sealed, the Court may

order that only those records, or portions thereof, relating solely to the movant be sealed.

The Court may make an in camera inspection of these records in order to make this

determination. If practicable, the Court may order those records relating to co-respondents

returned to the Office of the Attorney General with all references to the movant sanitized.

(8) Indexing and access to sealed records. The Clerk shall place the records ordered

sealed by the Court in a special file, appropriately and securely indexed in order to protect

its confidentiality, subject to being opened on further order of the Court only upon the

showing of compelling need. A request for access to such sealed records may be made ex

parte. However, unless otherwise ordered by the Court, the Clerk shall reply in response to

inquiries concerning the existence of arrest records which may have been sealed pursuant

to this Rule that no records are available.

(9) Appeal. An aggrieved party may note an appeal from a final order entered

pursuant to this Rule in accordance with Rule 4(b) of the General Rules of the District of

Columbia Court of Appeals.

(b) Pursuant to D.C. Code § 16-2335. On motion of a respondent who has been the

subject of a petition filed pursuant to D.C. Code § 16-2305, or on the Court's own motion,

the Court shall vacate its order and findings and shall order the sealing of the case and

social records referred to in D.C. Code §§ 16-2331 and 16-2332 and the law enforcement

records and files referred to in D.C. Code § 16-2333, or those of any other agency active in

the case if it finds that:

(1) two years have elapsed since the final discharge of the respondent from legal

custody or supervision, or since the entry of any other Family Court order not involving

custody or supervision, and

(2) the respondent has not been subsequently convicted of a crime, or adjudicated

delinquent or in need of supervision prior to the filing of the motion, and no proceeding is

pending seeking such conviction or adjudication. Notice of the right to seal and the

procedure for sealing shall be governed by SCR-Family P.