
Table of Contents
What is Considered an Arrest in Washington, D.C.?
An arrest is said to occur in Washington, D.C., when a law enforcement officer takes a person into custody and restrains their freedom based on probable cause that a crime has been committed or is about to be committed. These arrests are typically carried out by various local and federal law enforcement agencies operating within the District, including the Metropolitan Police Department (MPD) and Capitol Police. Common reasons for arrests in DC include:
- Assault and battery
- Robbery, burglary, and theft
- Homicide
- Drug-related offenses, including possession and distribution
- Failure to appear in court
- Violating judicial orders
- Trespassing on restricted federal property
- Public intoxication and disorderly conduct
- Driving under the influence (DUI) and other serious traffic violations
Arrests in Washington, D.C., are governed by the District's Criminal Procedure Law (primarily Title 23, Chapter 5 of the DC Code), as well as other pertinent federal statutes and local regulations. These statutes provide a legal framework for when and how arrests can be made, including procedural safeguards to ensure individual rights are upheld. Some key legal principles regarding arrests in DC include:
- Custody and Control: once a person is placed under arrest, they are taken into custody and no longer have the freedom to leave. This is a crucial aspect of arrests in the District.
- Legal Authority: law enforcement officers in Washington, D.C. are authorized by District law (DC Code Sections 23-561 through 23-585) to make arrests under a valid warrant, and also without a warrant in specific circumstances, such as when a crime is being committed in their presence or under probable cause for domestic violence incidents (DC Code Section 16-1031).
- Miranda Rights: in line with federal statutes (as established by the U.S. Supreme Court ruling in the 1966 Miranda v. Arizona case), DC law enforcement officers must inform arrestees of their "Miranda Rights" upon taking them into custody and before any questioning. These rights include the right to remain silent and the right to legal counsel.
- Restraint and Transport: law enforcement officers typically restrain individuals who are under arrest - sometimes through the use of "reasonable force" when necessary. After the arrest, the person must be transported to a local police station, correctional facility, or other designated detention facility, for processing.
- Booking Process: this is the official process of documenting the arrest and typically involves recording the arrestee's personal information, collecting fingerprints, taking mugshots, and recording the charges against them. The arrestee is subsequently held until their initial hearing or release on bail.
Note that there is a distinct difference between being detained (detainment) and being arrested in DC. Detainment is a temporary restraint for investigative purposes – an officer only requires reasonable suspicion that a crime has occurred to detain a person. On the other hand, an arrest involves officially taking someone into custody based on probable cause that they committed a crime. Arrests are more serious than detainment and often lead to legal proceedings against the person.
What is Unlawful Arrest in Washington, D.C.?
An unlawful (or wrongful) arrest occurs when an individual is taken into custody without legal justification or in violation of established legal procedures. Common factors that can render an arrest unlawful in Washington, D.C., include:
- Lack of Probable Cause: arrests must be based on probable cause, meaning that there must be sufficient, credible evidence to indicate that the person being arrested committed an offense. Without this, the arrest may be challenged as unlawful.
- Arrest Without a Warrant: per DC law, officers in the District may only conduct warrantless arrests under specific conditions, such as crimes committed in their presence or emergency situations like domestic violence. Arrests made without a warrant that do not comply with these requirements may be considered unlawful.
- Violation of Constitutional Rights: arrests made in violation of the Fourth Amendment's protections against unreasonable searches and seizures, or arrests that involve racial profiling or discriminatory practices (in violation of the Fourteenth Amendment), may be deemed unconstitutional and subject to legal challenge.
- Procedural Violations: law enforcement officers must follow established procedures during arrests, including informing the person of their rights and stating the grounds for arrest. Failure to do so can render an arrest unlawful.
- Mistaken Identity: arrests based on misidentification are also considered unlawful and may lead to legal action against the responsible authorities
Wrongful arrests can have serious consequences, often resulting in significant hardships for individuals and erosion of public trust in law enforcement. As such, DC provides several legal remedies to protect individuals from these actions and also hold authorities accountable for unlawful arrests. These include:
- Civil Lawsuits: victims of unlawful arrests may file lawsuits against the arresting officers or agencies under federal law, including U.S. Code Title 42, Section 1983, and seek damages for the arrest (including monetary compensation).
- Exclusion of Evidence: evidence obtained through an unlawful arrest can be suppressed or excluded from court proceedings under DC law and federal rulings, which may lead to case dismissal.
- Criminal Charges Against Officers: in some cases, the officers who carry out the unlawful arrest may have criminal charges filed against them, depending on the circumstances surrounding the arrest.
Are Arrest Records Public in Washington, D.C.?
Arrest records in Washington, D.C., are generally considered public information under the District's Freedom of Information Act. This law grants members of the public the right to inspect and copy arrest records, provided the desired record/information is not exempt from disclosure.
Typical details found in Washington, D.C. arrest records include:
- The arrestee's full name, age, physical description, and known aliases
- The date, time, and location of the arrest
- The offenses the individual was arrested for
- The name of the arresting officer and involved law enforcement agency
- A brief account of the circumstances surrounding the arrest
Booking photographs (mugshots) may also be available to the public, but access is subject to regulations – DC law enforcement agencies generally have discretion in releasing mugshots, particularly in cases involving minor offenses, ongoing investigations, or situations where disclosure could compromise an individual's rights.
Access to records of arrests that did not result in criminal charges being filed or a conviction may also be restricted. Likewise, juvenile arrest records, sealed or expunged records, and sensitive details related to victims of domestic violence or confidential informants are typically exempt from public disclosure.
What are the Types of Arrest Records in Washington, D.C.?
Arrest records in Washington, D.C., are created and maintained by several law enforcement agencies operating within the District. These include the Metropolitan Police Department (MPD), specialized law enforcement bodies like the Capitol Police, and various other federal entities.
Local law enforcement agencies primarily maintain records of arrests within DC district limits, while federal agencies handle records for arrests related to national security, government property incidents, and interstate offenses.
Where are Arrest Records Kept in Washington, D.C.?
Several agencies maintain arrest records in Washington, D.C., including:
- The Metropolitan Police Department (MPD): the MPD is the primary law enforcement agency in Washington, D.C. responsible for maintaining records of arrests within the District. These records contain key details related to the individual, the offenses that resulted in the arrest, and booking information.
- DC Courts: arrests that lead to criminal charges are documented within the DC court system. These criminal court records provide information on the legal proceedings following an arrest, including the offense(s) that led to the arrest, trial outcomes, sentencing, and case dispositions.
- The DC Department of Corrections (DOC): the DOC maintains records of individuals who have been incarcerated following an arrest. These records contain inmate details, including mugshots, physical descriptions, and the charges leading to their incarceration.
- Federal Agencies: given DC's unique status as the nation's capital, federal law enforcement agencies such as the FBI, Secret Service, and Capitol Police also maintain arrest records for individuals involved in federal crimes, government property violations, and security-related offenses. Additionally, the Federal Bureau of Prisons (BOP) retains records for individuals sentenced to felony convictions within the District.
How to Find Public Arrest Records in Washington, D.C.?
Interested members of the public may access arrest records in Washington, D.C., through various sources, including:
- The Metropolitan Police Department (MPD): the MPD provides access to arrest records upon request, subject to FOIA regulations and agency policies. To obtain copies of these records, you will typically need to contact the department's Arrest and Criminal History Section at
441 4th Street, NW
Room 550 South
Washington, DC 20001
You will be required to provide a valid ID and complete a PD Form 70 (Criminal History Request), which is available at the Section. Individuals who wish to access copies of another person's arrest record also need to obtain authorization from the subject of the record. There is a $7 fee per record, and requests are typically processed within 10 business days.
Be aware that the provided record will only include a list of adult convictions and court forfeitures that occurred within the past 10 years from the date of the request. Queries may be directed to the MPD's Arrest and Criminal History Section at (202) 727-4245 or to the department's Records manager at (202) 715-7539, (202) 727-4429, or via email.
- The DC Superior Court: arrests leading to formal charges are filed with the DC Superior Court. Interested parties can request access to court records related to these arrests by either visiting the Clerk's Office or utilizing the court's online case search system.
- Third-Party Websites: third-party websites like RecordsFinder that aggregate data from both public and private sources are also a convenient option for accessing Washington, D.C. arrest records. However, it should be noted that these platforms are not usually government-affiliated; as such, the information obtainable from some websites may differ from those available through official channels (or other platforms).
How Long Do Arrests Stay on the Record in Washington, D.C.?
Arrest records in Washington, D.C., generally remain on a person's record indefinitely. However, DC law provides options for sealing or expunging arrest records under specific circumstances, effectively removing them from public access.
These processes are available for arrests that did not result in a conviction and for certain conviction records. While you will typically need to initiate the process, certain records may be automatically sealed or expunged under certain conditions. For instance, records of convictions from wrongful arrests are typically expunged automatically, while misdemeanor offenses may be automatically sealed 10 years after the imposed sentence is completed.
How to Seal or Expunge an Arrest Record in Washington, D.C.?
Record sealing and expungement in Washington, D.C., are legal processes designed to restrict public access to arrest records. Sealing a record hides it from public view; however, the record still exists and remains accessible to law enforcement and other criminal justice agencies. Expungement, on the other hand, completely erases the record, making it as if the arrest never occurred. These processes are governed by Title 16, Chapter 8 of the DC Code; this law outlines the criteria and procedures for getting records sealed and expunged in the District.
Per this law, while several offenses and records are eligible for sealing or expungement, certain records are deemed ineligible for the process, such as felony convictions, sexual offenses, violent crimes, domestic violence and abuse-related charges, DUIs, and pending criminal charges.
Certain records may also qualify for automatic expungement or sealing. These include decriminalized offenses, cases where an individual was wrongfully arrested or convicted, non-convictions, and eligible misdemeanors (after 10 years).
For records that do not qualify for automatic sealing or expunging, you will typically need to file a motion with the court to initiate the process. This generally involves the following steps:
- Obtain a copy of your arrest history report from the MPD.
- Obtain official documentation of your case outcome (disposition) from the DC Superior Court.
- Prepare a motion to seal or expunge your criminal record. You may do this yourself or seek legal assistance.
- Submit the completed motion, along with supporting documents, to the court via email. A case number will be issued and the motion will be assigned to a judge for review and determine whether the record qualifies for sealing or expungement. Note that this process may take up to six months.
You may contact the DC Superior Court's Criminal Division clerk's office at (202) 879-1362 for inquiries or more information.