MAYOR AND EXECUTIVE AGENCIES - ARREST RECORDS: THE DUNCAN ORDINANCE - ADULT RECORDS


Published: 2014-08-15

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1004 ADULT RECORDS

1004.1 Unexpurgated adult arrest records, as provided under D.C. Official Code § 5-113.02, shall be released to law enforcement agents upon request, without cost and without the authorization of the persons to whom those records relate and without any other prerequisite, provided that the law enforcement agents represent that those records are to be used for law enforcement purposes.

1004.2 The term “law enforcement agent” shall be limited in this context to persons having cognizance of criminal investigations or of criminal proceedings directly involving the individuals to whom the requested records relate. The term includes judges, prosecutors, defense attorneys (with respect only to the records of their client defendants), police officers, federal agents having the power of arrest, clerks of courts, corrections, parole, and probation and supervision officers.

1004.3 The term “law enforcement agent” does not include private detectives and investigators; personnel investigators, directors and officers; private security agents or others who do not ordinarily participate in the process involving the detection, apprehension, trial or punishment of criminal offenders.

1004.4 Subject to the provisions of §§ 1004.1-1004.3, adult arrest records, as provided under D.C. Official Code § 5-113.02, shall be released in a form which reveals only entries relating to offenses which have resulted in convictions or forfeitures of collateral in a court proceeding. A forfeiture of collateral in a court proceeding shall not include a forfeiture of collateral that is made pursuant to the post-and-forfeit procedure, as that term is defined in D.C. Official Code § 5-335.01(a).

1004.5 Subject to the provisions of §§ 1004.1-1004.3, adult arrest records, as provided under D.C. Official Code § 5-113.02, shall be released in a form which reveals only entries relating to offenses for which the sentence was completed not more than ten (10) years before the date upon which the records are requested or for which collateral was forfeited in a court proceeding not more than ten (10) years before the date upon which the records are requested.

1004.6 Subject to the provisions of §§ 1004.1-1004.3, copies or extracts of adult arrest records, as provided under D.C. Official Code § 4-132 (1994 Repl.) or statements of the non- existence of those records shall be released to applicants therefore upon the payment of fees to be based upon the cost of editing and producing such copies, extracts or statements.

1004.7 Applicants who are not the persons to whom those records may relate shall, in addition to the required fees, present releases in appropriate form executed by the persons to whom the records may relate.

1004.8 No fee shall be required with respect to any record solicited by any agent of the federal or District of Columbia government for a governmental purpose.

1004.9 Notwithstanding Subsections 1004.4 and 1004.5, an individual may request production of his or her arrest record for the purposes of determining eligibility for sealing or expunging that record pursuant to § 16-801 et seq. or similar sealing statutes in the District or in another jurisdiction and may request production of his or her arrest record for filing a sealing or expungement motion. For the purposes of this subsection, an “arrest record” shall contain a listing of all adult arrests, regardless of the disposition of each arrest, and regardless of the date on which the arrest, conviction, or completion of the sentence occurred.

SOURCE: Duncan Ordinance, adopted by the Board of Commissioners at a meeting dated October 31, 1967; minutes from the Board of Commissioners’ meeting dated November 2, 1967; as amended by the Re-Entry Facilitation Amendment Act of 2012, effective June 15, 2013 (D.C. Law 19-319; 60 DCR 2333 (March 1, 2013); as amended by the Post-Arrest Process Clarification Amendment Act of 2014, effective April 24, 2015 (D.C. Law 20-243; 61 DCR 8320 (August 15, 2014)).