News Release — At-large DC Council member Christina Henderson

For Immediate Release

April 1, 2021

Contact: Amanda Farnan

WASHINGTON, DC – Today, Councilmember Christina Henderson (At-Large) introduced the Record Expungement Simplification to Offer Relief and Equity (“RESTORE”) Amendment Act to significantly expand the eligibility to seal or expunge publicly available criminal records for DC residents. This legislation is a bold step forward in DC’s commitment to reducing employment and housing barriers for those who were arrested but not convicted, convicted of a crime that has been decriminalized, or who have served their time and are returning home. The RESTORE Amendment Act simplifies the expungement and sealing processes to foster an environment in which they can be treated fairly.

“The RESTORE Amendment Act is essential to removing structural barriers that enable discrimination against DC residents that have come into contact with the criminal justice system,” said Councilmember Christina Henderson. “The data explicitly shows these residents often face impossible challenges securing employment or housing, regardless of the nature of their offense – or even if they were arrested but the case was dropped. I believe a record sealing overhaul paves the way to reduced recidivism by improving access to opportunity. This bill simplifies the record sealing and expungement process so that it can be easily understood and accessed.”

According to data from Urban Institute, criminal records disproportionately impact the Black community and result in public records that lead to an inability to find a job or be approved for housing. From 2013 to 2017, Black residents comprised 47% of the District’s population, but accounted for 86% of arrests. An estimated 1 in 7 DC residents has a publicly available criminal record, while only half of these individuals have actually been convicted of a crime.

“DC has one of the most complex and outdated expungement and sealing systems in the nation. Making criminal records available does little to strengthen public safety and often fuels cycles of unemployment and poverty,” said Patrice Sulton, founder and Executive Director of DC Justice Lab. “The current record sealing eligibility requirements are confusing at best. I thank Councilmember Christina Henderson for her leadership and commitment to reducing racial disparities in our city.”

The RESTORE Amendment Act is a complete rewrite of the current expungement and sealing provisions within the D.C. Code. In summary, this legislation:

• Provides clear definitions of record expungement and record sealing;
• Provides a clear definition of the purposes for which a request to access or disclose records may be made;
• Creates a framework for expungement upon written motion for non-convictions;
• Facilitates automatic sealing for non-convictions;
• Empowers the court, in its discretion, to seal records of felony convictions after the relevant waiting period has passed;
• Eliminates disqualifying convictions as a barrier to seeking and obtaining relief; and
• Places time limits on the court’s determination of motions to seal.

The RESTORE Amendment Act was co-introduced by Councilmembers Charles Allen, Brianne Nadeau, Mary Cheh, Robert White, Brooke Pinto, Anita Bonds and Elissa Silverman.

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