Setting Aside Criminal Convictions in the District of Columbia
Compared to many jurisdictions, the District of Columbia has very strict expungement and sealing laws, but did you know that if you were under the age of 25 (24 and under) at the time the offense was committed, you can ask the court to set aside your criminal conviction(s)? This article will discuss the eligibility and process for wiping away a criminal conviction in the District of Columbia – it does not matter whether the conviction was a felony or a misdemeanor.
Science has shown that the human brain does not completely develop until a person is in their mid 20s – specifically the prefrontal cortex, which is responsible for executive functioning, impulse control, and regulation of emotions. Courts are slowly catching up to science, and DC’s Youth Rehabilitation Act (YRA) recognizes that a human being if often a very different person at age 35 than they were at age 21.
The YRA gives a person who committed a criminal offense at a young age the opportunity to move beyond that criminal conviction and put it completely in the past. It’s no secret that criminal convictions can wreak havoc on a person’s life for decades after the offense. It can prevent someone from exercising their Second Amendment rights, getting a job, and even renting an apartment. It can also cause shame and embarrassment even though a person may have successfully completed probation, paid their dues to society, and gone on to be a valuable and productive member of their community.
Who is eligible for setting aside a conviction under the YRA?
First, the person must have been a “youth offender” at the time that the offense was committed. It does not matter what date the conviction became final – the focus is on the date that the crime was committed. A “youth offender” is defined as someone 24 years of age or younger at the time that the person committed a crime. Certain criminal convictions are not eligible for a YRA set aside – these include murder, first- and second-degree murder that constitutes an act of terrorism, first- and second-degree sexual abuse, and first degree child abuse. So, if you were 24 years or younger and NOT convicted of one of the forementioned crimes, you are eligible to request a YRA sentence and subsequent set aside of the conviction.
What are the YRA sentencing options?
Before I get into what the court is going to focus on to determine whether a YRA conviction set aside is appropriate, I want to briefly touch on the sentencing options available to youth offenders that are currently involved in the system. A court may suspend a sentence as opposed to placing a youth offender in jail if the court determines that a youth offender would be better served by probation instead of confinement and shall require the completion of 90 hours of community service unless the court determines that community service would be unreasonable. The court may also issue a sentence less than any mandatory minimum term that may otherwise be applicable.
What are the options for setting aside a prior conviction under the YRA?
Even if the YRA was not an available option at the time of the criminal conviction, a person may later petition the court for a YRA disposition and conviction set aside. In exercising its discretion, the court will consider:
(A) The youth offender's age at the time of the offense;
(B) The nature of the offense, including the extent of the youth offender's role in the offense and whether and to what extent an adult was involved in the offense;
(C) Whether the youth offender was previously sentenced under this subchapter;
(D) The youth offender's compliance with the rules of the facility to which the youth offender has been committed, and with supervision and pretrial release, if applicable;
(E) The youth offender's current participation in rehabilitative District programs;
(F) The youth offender's previous contacts with the juvenile and criminal justice systems;
(G) The youth offender's family and community circumstances at the time of the offense, including any history of abuse, trauma, or involvement in the child welfare system;
(H) The youth offender's ability to appreciate the risks and consequences of the youth offender's conduct;
(I) Any reports of physical, mental, or psychiatric examinations of the youth offender conducted by licensed health care professionals;
(J) The youth offender's use of controlled substances that are unlawful under District law;
(K) The youth offender's capacity for rehabilitation;
(L) Any oral or written statement provided pursuant to § 23-1904 or 18 U.S.C. § 3771 by a victim of the offense, or by a family member of the victim if the victim is deceased; and
(M) Any other information the court deems relevant to its decision
With respect to this last catchall factor, subsequent criminal contact with the criminal justice system is one of the biggest factors that a court will consider. The more recent the subsequent conviction, the more effect it will have on the court’s decision. In addition, the court will look at the age of the youth offender at the time of any subsequent convictions.
What does a YRA set aside actually mean?
A YRA set aside means that the conviction is vacated and removed from a criminal record entirely and the youth offender is placed in the same position they were in prior to the conviction.
How can an attorney help me get my conviction set aside?
An attorney can assist by gathering relevant facts and evidence to show the court that a conviction should be set aside. The attorney can write a persuasive memorandum of law and attach exhibits and respond to any opposition from the government. An attorney can also prepare their client for a hearing to give them the best possible chance of success. Contact Markham Law Firm at 240-396-4373 to set up a consultation today.
