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In 2022, legislators in Washington DC passed a Second Chance Amendment Act, also known as Law 24-284, which called for the expunction of certain criminal records by January 1, 2025.

About The Act

Washington DC’s Second Chance Amendment Act declared that various types of convictions would be expunged: “by January 1, 2025, or within 90 days after termination of the case by the prosecutor or final disposition, whichever is later.”

This Act amends Chapter 8 of Title 16 of the District of Columbia Official Code to:

• Permit automatic expungement for certain criminal records.
• Prohibit criminal history providers from reporting criminal history information related to records that have been sealed, expunged, or set aside.
• Authorize the Office of Human Rights to adjudicate complaints and issue penalties for non-compliance.

Various types of criminal records are eligible for expunction. Examples include:

• Citations, arrests, or charges for the commission of a criminal offense if the case was terminated by the prosecutor or otherwise did not result in a conviction.
• Offenses that resulted in a conviction if a waiting period of at least 10 years has elapsed since completion of the sentence.

Many Records Are Not Eligible

The Act also declares that certain types of offenses are not eligible to be expunged. Examples include:

• Violent crimes.
• DUIs
• Sexual offenses.
• Offenses that are considered to be dangerous crimes.
• Criminal abuse of a vulnerable adult or elderly person.
• Intrafamily offenses.
• Parental kidnapping.
• Financial exploitation of a vulnerable adult or elderly person.

What Employers Should Know

Employers in the DC area should be aware that Law 24-284 called for various records to be expunged not later than the start of 2025. That means many eligible residents may have recently had records go through the automatic expunction process. Once this happens, those records may not be considered for employment or other purposes. Such records may not be used to help make decisions about consumers.

A great way for hiring managers avoid inadvertently reviewing records that are not publicly available is to work with a Consumer Reporting Agency (CRA) that is accredited by the Professional Background Screening Association (PBSA). To earn accreditation, CRAs must undergo a thorough audit and demonstrate that they follow reasonable procedures to only provide current, reportable records.

Employment Background Checks

If your organization needs background checks for employees, applicants, contractors or volunteers, please contact us. Backgrounds Online is proud to be an accredited CRA with more than 25 years as a leader in the screening industry.

Our friendly, knowledgeable team can help you customize screening packages that are perfectly tailored to your specific needs, compliant with applicable laws and in line with industry regulations. We are available to assist you Monday through Friday from 5am to 6pm PT.