- 1). Create a document called "motion to expunge" with supporting documents called a "memorandum of points and authorities" and "order." The court does not provide forms for these documents, but you can find sample documents to follow from the D.C. Employment Justice Center (EJC) in its publication "Criminal Records & Employment Manual." A sample motion and supporting documents for both drug possession cases and child kidnapping cases can be found in the Appendix of Forms section of the publication. Use the pre-printed language in the sample forms for your documents and insert the information particular to your case in the blank spaces found in the samples.
- 2). Make four copies of the documents and file the originals along with the copies with the Special Proceedings Clerk in D.C. Superior Court, Room 4110, 500 Indiana Avenue, N.W., Washington, D.C. The clerk should return two of the copies to you with a stamp indicating the originals were filed. There is no filing fee for a motion to expunge.
- 3). Serve a copy of your motion and supporting documents that were stamped by the clerk by taking it to the United States Attorney's Office at 555 Fourth Street, N.W., Washington, D.C. 20001. Have both copies of documents time-stamped. Place one copy in the mailbox marked "Motions" and keep the other for your records. The prosecutor in your case has 10 days to challenge your motion. If your expungement motion is for a child kidnapping case, this step is not necessary.
- 4). Await a response from the court regarding your motion. No hearings are set on a motion to expunge for a child kidnapping case. In drug possession cases, a court hearing will only be set if the prosecutor opposes your motion. If a hearing date is set, attend the hearing with your copy of the motion and supporting documents and be prepared to answer the judge's questions about your case.