D.C. Attorney General Karl Racine’s office has announced it will not prosecute a majority of people who violated Mayor Muriel Bowser’s temporary curfew during Black Lives Matter protests last June.
Racine’s office announced Thursday it will send letters to 220 individuals informing them that, if they consent, the office will motion a judge to seal their arrest records, meaning any charges filed against them will not be publically available.
Bowser ordered a 7 p.m. curfew last June after the third consecutive night of protests in the city following the murder of George Floyd. At the time, the office of the attorney general charged only five individuals with breaking curfew. Approximately 80 individuals who were arrested will not be eligible to have their records sealed. An individual is not eligible to have their records sealed if they’ve been previously convicted or arrested.
“It is in the interest of justice to grant this motion because the arrestee’s interest in sealing
an arrest record outweighs the community’s interest in viewing these records,” reads the consent motion filed by OAG on April 28. “The curfew imposed was a temporary order—spanning a few days. Violating a temporary curfew order is a minor infraction and public access to this arrest record would serve no legitimate public interest.”
Individuals who want their arrest records sealed normally file a motion by themselves or with an attorney and wait at least two years to hear from a judge. OAG can expedite that process, but it wants the city to automatically seal eligible offenses and shorten the waiting period so residents don’t have to go through the trouble.
“OAG is also proactively offering to file motions on behalf of eligible individuals and ask a judge to seal their arrest records to help make the process easier for those individuals and reduce hurdles to have their arrest records sealed,” wrote OAG Director of Communications Abbie McDonough in a press release.
Bowser and the Committee on the Judiciary and Public Safety introduced two pieces of legislation last April that would implement automatic sealing for non-dangerous offenses and shorten the two-year waiting period. At the time, Jeminé Trouth with the criminal section of the Public Safety Division of OAG testified in front of the committee in April supporting both bills with suggestions on how the District can best streamline the process.
“Criminal records, including those that do not result in conviction, can have long-lasting and devastating effects on individuals and families—making it harder to secure employment, housing, and even federal loans,” Trouth said. “And, due to over-policing and structural racism in the criminal legal system, these negative impacts fall disproportionately on Black and Brown residents.”
Christian Zapata