Effective January 1, 2026, Washington D.C. will be implementing automatic expungement under the Second Chance Amendment Act, which took effect March 1, 2025. This marks a pivotal shift in how criminal records are treated across the District and signals major changes for employers relying on background screening in the hiring process.
What the Law Covers
The new implementation law expands eligibility for expungement and record sealing. Key components include:
- Automatic expungement for marijuana possession and other offenses decriminalized under current D.C. law.
- Petition based sealing available for dismissed charges, certain misdemeanors, and time-lapsed convictions after meeting eligibility requirements.
- Expanded timeframes and eligible offenses, with shorter waiting periods and broader criteria compared to previous legislation.
What It Means for Background Screening
For employers and background screening providers, the rollout of automatic expungement in 2026 introduces several key challenges. Record availability will undergo a significant shift. Certain offenses that once appeared in criminal searches will no longer be accessible, meaning risk assessments must adapt to this new landscape. Ensuring data accuracy becomes more critical than ever, as screening partners must rely on up to date databases that align with the expungement criteria outlined in D.C. law. With this change, companies may need to revisit their compliance protocols. Adverse action procedures and hiring criteria should be reevaluated to ensure they don’t inadvertently include records that have been sealed or expunged.
Employer Guidance
To stay ahead of these changes, employers should begin updating their screening policies to reflect changes in record accessibility within D.C. HR and compliance teams should be updated on expungement and candidate rights. Remain vigilant by actively monitoring legislative developments, as further amendments could reshape the law’s execution in the months to come.
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Partnering with an accredited background screening company such as GIS can help employers confidently navigate the complexities of ever changing laws. As record accessibility continues to shift across the U.S., GIS is committed to empowering employers to make informed hiring decisions while respecting candidate rights and staying ahead of legislative changes. Please contact us if you have any questions regarding laws in your state.