District of Columbia Code Division II. Judiciary and Judicial Procedure § 16-803. Expungement of criminal records by motion.

(1) The case was terminated by the prosecutor or otherwise reached a final disposition and did not result in a conviction or acquittal pursuant to § 24-501; and

(2) The person cited, arrested, or charged files a written motion and demonstrates, by a preponderance of the evidence, that the offense for which the person was cited, arrested, or charged:

(1) Shall state:

(2) May be:

(d)(1) If it plainly appears from the face of the motion, any accompanying exhibits, affidavits, and documents, and the record of any prior proceedings in the case, that the movant is not eligible for relief or not entitled to relief, the Court may dismiss or deny the motion.

(2) If the motion is not dismissed or denied after initial review, the Court:

(3) At any hearing on the motion, the movant and the prosecutor may present witnesses and information by proffer or otherwise. Hearsay evidence shall be admissible.

(4) An order dismissing, granting, or denying the motion shall be:

(5) A motion made pursuant to this section may be dismissed without prejudice to permit the movant to renew the motion after further passage of time.

(6) If the Court denies the motion, the Court shall entertain a second motion for the same relief no sooner than one year after the date on which the order on the initial motion was resolved, unless the second motion raises grounds different than the first motion, in which case, it shall be entertained at any time. If the Court denies the movant's second motion, the Court shall entertain a third and final motion no sooner than one year after the date on which the order on the second motion was resolved, unless the third motion raises grounds different than the first 2 motions, in which case, it shall be entertained at any time.

(7) If the Court grants the motion, it shall summarize in the order the factual circumstances of the challenged citation, arrest, or charge and any post-arrest occurrences it deems relevant, and 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.