Criminal justice reform and a road to second chances for those with a criminal past have gained powerful momentum across the United States in recent years. In fact, since June 2025 alone, we have covered multiple record sealing and second chance acts in Maryland, Virginia, and Washington State, all with a common goal. Second-chance and record-sealing laws have provided new opportunities to candidates who may have made mistakes in their past and are eager to reintegrate into society and contribute to something positive.
In case you're worried that you've missed something, let us clarify, the Second Chance Amendment is an update to D.C. Code Chapter 8 of Title 16, not an update to a separate second chance act passed in D.C. Before implementing the amendment, D.C. had a more complex process for expungement that made it difficult for eligible individuals to navigate without an attorney and included a long list of offenses that could never be sealed.
At its core, the Second Chance Amendment Act is designed to make expungement more accessible for individuals to clear their criminal records and reintegrate into society by introducing new automatic mechanisms that reduce the burden on individuals to initiate the process. Additionally, it expands the list of eligible offenses for record sealing and expungement.
Certain felonies, misdemeanors, and lower-level offenses are eligible for relief under the new law, including:
Certain eligible criminal records will be automatically expunged starting in 2026. In other words, individuals will not need to file a motion or petition for these records to be cleared, provided they meet the criteria.
Not all offenses qualify for automatic relief, especially charges that are classified as more serious in nature. Criminal history that isn’t eligible for automatic expungement generally aligns with similar second-chance initiatives involving serious crimes in other states and jurisdictions, such as:
For ineligible charges and other cases that are not automatically covered by the automatic expungement criteria, individuals can still petition the court to consider expungement or sealing on a case-by-case basis, depending on context.
The D.C. Superior Court is responsible for overseeing the record-clearing process, whether initiated automatically or through petitions. Meanwhile, the Office of Human Rights (OHR) will play an important role in making sure that employers comply with the new standards.
For employers, this means that sealed or expunged records must be treated as if they do not exist, even if a record that should qualify for eligibility slips through the cracks. Using qualifying records against a candidate as a pivotal part of hiring decisions could result in civil penalties. The Commission on Human Rights is given the right to instate the following penalties, “of which half shall be awarded to the complainant, and half shall be awarded to the District and deposited into the General Fund”:
Automatic expungement and sealing for certain eligible records will begin on January 1, 2026, including records related to the simple possession of any amount of marijuana before February 15, 2015. For other recent cases that have been dropped, dismissed, or concluded in a manner that meets the eligibility criteria, the law requires resolution within 90 days, while older cases must be processed by October 2027.
To learn more about Washington’s Second Chance Amendment Act, take a look at the full text of the law here.
Although the Second Chance Amendment Act applies specifically to Washington, D.C., its implications could extend beyond the area in the future, given its role as a leader in various statewide and jurisdictional initiatives. The law reflects a growing recognition of findings, including a report from the Department of Justice dating back to 2013, which clearly indicates that the extreme difficulty of finding stable employment and sufficient income due to criminal history is a core issue driving recidivism.
D.C.’s and other second-chance initiatives that have been recently enacted serve as a possible blueprint and hopeful solution for the future of criminal justice reform. As other states and jurisdictions adopt similar policies, employers should stay current with evolving laws to ensure compliance. This includes meeting with your legal counsel to understand how automatic expungement affects candidate screening, for both in-state and remote hiring policies, in states that have a second-chance or fair hiring act.
This content is for informational purposes only and shall not constitute legal opinion or advice. Consult your legal counsel to ensure compliance.