District of Columbia Criminal Defense Laws

First and second degree sexual abuse and first and second degree child sexual abuse have a 15-year statute of limitations.

The statute of limitations does not run while a person is fleeing from justice.

Effective March 2025, the Second Chance Amendment Act expanded eligibility for record sealing. Eligible convictions can be sealed after waiting periods. Arrests not leading to conviction can be sealed or expunged. DUI/OWI convictions remain ineligible for sealing.

A person may file a motion to expunge a criminal record based on actual innocence, with no waiting period required. The court must find by a preponderance of the evidence that the movant is actually innocent.

First offense DUI: up to $1,000 fine and/or 180 days incarceration. Second offense: $2,500-$5,000 fine and/or up to 1 year, with a 10-day mandatory minimum. Mandatory minimums increase with BAC above 0.20. The legal limit is 0.08 BAC (0.04 for commercial, zero tolerance for under 21).

Persons charged with a crime punishable by imprisonment who cannot afford an attorney have the right to appointed counsel through the Public Defender Service for the District of Columbia.