D.C. Code § 16-801

Current through codified legislation effective September 18, 2024

Section 16-801 - Definitions

For the purposes of this chapter, the term:

(1) "Clerk" means the Clerk of the Superior Court of the District of Columbia.

(2) "Completion of the sentence" means the person has been unconditionally discharged from incarceration, commitment, probation, parole, or supervised release, whichever is latest.

(3) "Conviction" means the judgment (sentence) on a verdict or a finding of guilty, a plea of guilty or a plea of nolo contendere, or a plea or verdict of not guilty by reason of insanity.

(4) "Court" or "Superior Court" means the Superior Court of the District of Columbia.

(5) "Disqualifying arrest or conviction" means:

(A) A conviction in any jurisdiction after the arrest or conviction for which the motion to seal has been filed;

(B) A pending criminal case in any jurisdiction;

(C) A conviction in the District of Columbia for an ineligible felony or ineligible misdemeanor or a conviction in any jurisdiction for an offense that involved conduct that would constitute an ineligible felony or ineligible misdemeanor if committed in the District of Columbia or prosecuted under the District of Columbia Official Code, or conduct that is substantially similar to that of an ineligible felony or ineligible misdemeanor.

(6) "Eligible felony" means a failure to appear (§ 23-1327 );

(7) "Eligible misdemeanor" means any misdemeanor that is not an ineligible misdemeanor.

(8) "Ineligible felony" means any felony other than a failure to appear (§ 16-1327 ) [§ 23-1327 ].

(9) "Ineligible misdemeanor" means:

(A) An intrafamily offense, as that term is defined in § 16-1001(8).

(B) Driving while intoxicated, driving under the influence, and operating while impaired (§ 50-2201.05 );

(C) A misdemeanor offense for which sex offender registration is required pursuant to Chapter 40 of Title 22, whether or not the registration period has expired;

(D) Criminal abuse of a vulnerable adult (§ 22-936(a) );

(E) Interfering with access to a medical facility (§ 22-1314.02 );

(F) Possession of a pistol by a convicted felon (§ 22-4503(a)(2) [see now § 22-4503(a)(1) ]);

(G) Failure to report child abuse (§ 4-1321.07 );

(H) Refusal or neglect of guardian to provide for child under 14 years of age (§ 22-1102 );

(I) Disorderly conduct (peeping tom) (§ 22-1321 );

(J) Misdemeanor sexual abuse (§ 22-3006 );

(K) Violating the Sex Offender Registration Act (§ 22-4015 );

(L) Violating child labor laws (§§ 32-201 through 32-224 );

(M) Election/Petition fraud (§ 1-1001.08 );

(N) Public assistance fraud (§§ 4-218.01 through 4-218.05 );

(O) Trademark counterfeiting (§ 22-902(b)(1) );

(P) Attempted trademark counterfeiting (§§ 22-1803, 22-902 );

(Q) Fraud in the second degree (§ 22-3222(b)(2) );

(R) Attempted fraud (§§ 22-1803, 22-3222 );

(S) Credit card fraud (§ 22-3223(d)(2) );

(T) Attempted credit card fraud (§ 22-1803, 22-223 ) [§§ 22-1803, 22-3223 ];

(U) Misdemeanor insurance fraud (§ 22-3225.03 a);

(V) Attempted insurance fraud (§§ 22-1803, 22-3225.02, 22-3225.03 );

(W) Telephone fraud (§§ 22-3226.06, 22-3226.10(3) );

(X) Attempted telephone fraud (§§ 22-1803, 22-3226.06, 22-3226.10 );

(Y) Identity theft, second degree (§§ 22-3227.02, 22-3227.03(b) );

(Z) Attempted identify theft (§§ 22-1803, 22-3227.02, 22-3227.03 );

(AA) Fraudulent statements or failure to make statements to employee (§ 47-4104 );

(BB) Fraudulent withholding information or failure to supply information to employer (§ 47-4105 );

(CC) Fraud and false statements (§ 47-4106 );

(DD) False statement/dealer certificate (§ 50-1501.04(a)(3) );

(EE) False information/registration (§ 50-1501.04(a)(3) );

(FF) No school bus driver's license (18 DCMR §1305.1);

(GG) False statement on Department of Motor Vehicles document (18 DCMR §1104.1);

(HH) No permit - 2nd or greater offense (§ 50-1401.01(d) );

(II) Altered title (18 DCMR §1104.3);

(JJ) Altered registration (18 DCMR §1104.4);

(KK) No commercial driver's license (§ 50-405 );

(LL) A violation of building and housing code regulations;

(MM) A violation of the Public Utility Commission regulations; and

(NN) Attempt or conspiracy to commit any of the foregoing offenses (§§ 22-1803, 22-1805 a).

(10) "Minor offense" means a traffic offense, disorderly conduct, or an offense that is punishable by a fine only, excluding any ineligible misdemeanor.

(11) "Public" means any person, agency, organization, or entity other than:

(A) Any court;

(B) Any federal, state, or local prosecutor;

(C) Any law enforcement agency;

(D) Any licensing agency with respect to an offense that may disqualify a person from obtaining that license;

(E) Any licensed school, day care center, before or after school facility or other educational or child protection agency or facility;

(F) Any government employer or nominating or tenure commission with respect to:

(i) Employment of a judicial or quasi-judicial officer; or

(ii) Employment at a senior-level, executive-grade government position.

D.C. Code § 16-801

Amended by D.C. Law 24-284, § I-101, 70 DCR 000913, eff. 3/10/2023.

Amended by D.C. Law 23-275, § 3 , 68 DCR 004793, eff. 4/27/2021.

May 5, 2007, D.C. Law 16-307, § 2(b), 54 DCR 868; Mar. 25, 2009, D.C. Law 17-368, § 4(e), 56 DCR 1338; Dec. 10, 2009, D.C. Law 18-88, § 401, 56 DCR 7413; June 15, 2013, D.C. Law 19-319, § 4(a), 60 DCR 2333.

Applicability

Section 7088 of D.C. Law 25-50 amended section 301 of D.C. Law 24-284 changing the applicability provision impacting this statute to January 1, 2026. Therefore the amendment of this statute by section 101(b) of Law 24-284 will be implemented on January 1, 2026. The statute is set out above as applicable before that date