(a) A person convicted of an eligible offense may apply by motion to the Superior Court for the District of Columbia to vacate the judgment of conviction and expunge all records identifying the movant as having been arrested, prosecuted, or convicted of the offense if the conduct of the person that resulted in the conviction was a direct result of the person having been a victim of trafficking.
(b) A person arrested but not prosecuted, or whose prosecution was terminated without conviction, for an eligible offense or an ineligible offense, may apply by motion to the Superior Court for the District of Columbia to expunge all records identifying the movant as having been arrested or prosecuted for the offense if the conduct of the person that resulted in the arrest or prosecution was a direct result of the person having been a victim of trafficking.
(c) A motion filed under this section shall:
(1) Be in writing;
(2) State the arrests, prosecutions, and convictions for which the movant seeks relief;
(3) State the grounds upon which eligibility for relief is based and facts in support of the movant's claim;
(4) Be accompanied by any appropriate exhibits, affidavits, and supporting documents; and
(5) Be served upon the prosecutor.
(d) A movant may file a motion under this section regardless of whether any other person, such as the person who made the movant a victim of trafficking, has been arrested, prosecuted, or convicted for an offense.
(e) A person may file a motion under this section only after:
(1) All criminal proceedings against the person related to the offenses that are the subject of the motion have completed; and
(2) The person completes any sentence of incarceration, commitment, probation, parole, or supervised release related to the offenses that are the subject of the motion.
(f) At the request of a movant or prosecutor, the Court may place any record or part of a proceeding related to a motion filed under this section under seal while the motion is pending.
(g) A person may file a motion under this section for an arrest, prosecution, or conviction that occurred before, on, or after April 5, 2019.
(Oct. 23, 2010, D.C. Law 18-239, § 114; as added Apr. 5, 2019, D.C. Law 22-279, § 2(b), 65 DCR 12951.)
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