DC attorney general to help seal records for protesters arrested but not charged

In June 2020, when protests over the death of George Floyd in Minneapolis police custody filled the streets of D.C., more than 200 people were arrested for violating Mayor Muriel Bowser’s curfew.

The D.C. Attorney General Karl Racine announced earlier this year that his office would not prosecute many of those cases, and now he’s taking it a step further to help many of those not charged have their arrest records sealed.

Racine’s office said letters will be sent out to 220 people arrested for violating a city curfew in early June. If the person replies to the letter, the attorney general’s office will file a motion to a judge on the person’s behalf to have the individual’s record sealed.

According to Racine’s office, normally a person trying to do the same would have to hire an attorney and wait two years to ask a judge to make the move.

“We declined to prosecute the vast majority of protesters who were arrested in early June 2020 for violating the Mayor’s curfew order while peacefully protesting in the District,” said OAG spokesperson Abbie McDonough.

McDonough said the decision comes after prosecutors looked at the evidence and circumstances of each case.

“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,” she said.

In offering the in-court help to those affected, the OAG did end the letter sent to those individuals with a warning.

“Please note that should you be rearrested for this offense — or any other offense — OAG may
decide to prosecute you for that offense and/or oppose the sealing of your arrest,” the letter read.

Racine’s office said it has only formally charged five people for violating curfew. Another 80 people are not eligible to have their records sealed due to current law. In some cases, that means a disqualifying arrest or conviction would make someone not eligible to have the case sealed.

Racine’s office said he has testified to eliminate automatic disqualifiers for records that would otherwise be eligible for getting sealed and expunged.

Mike Murillo

Mike Murillo is a reporter and anchor at WTOP. Before joining WTOP in 2013, he worked in radio in Orlando, New York City and Philadelphia.

Members of the National Guard block an intersection on Monday night.  (Photo by Joshua Roberts/Getty Images)
Protesters holds their hands up as a military helicopter flies low pushing a strong vertical down wash of air (rotor wash) onto the crowd during a protest over the death of George Floyd on June 1, 2020. – President Donald Trump vowed Monday to order a military crackdown on once-in-a-generation violent protests gripping the United States, saying he was sending thousands of troops onto the streets of the capital and threatening to deploy soldiers to states unable to regain control. (Photo by ROBERTO SCHMIDT / AFP) (Photo by ROBERTO SCHMIDT/AFP via Getty Images)
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D.C. Police hold a line along M Street, blocking a group of protesters on Pennsylvania Avenue from entering Georgetown. (WTOP/Dave Dildine)
Police blocked a group of protesters between 14th and 15th St. NW at Swann St. (WTOP/Ken Duffy)
Helicopters flew low late on Monday night in D.C.’s Chinatown neighborhood after a small number of demonstrators moved into the area. (AP Photo/Alex Brandon)
Demonstrators wait in a police vehicle after being taken into custody as they protested the death of George Floyd, Monday, June 1, 2020, near the White House in Washington. Floyd died after being restrained by Minneapolis police officers. The arrests occurred after a curfew went into effect in Washington. (AP Photo/Alex Brandon)
With tears in her eyes, a demonstrator is taken into custody by police after a curfew took effect during a protest over the death of George Floyd, Monday, June 1, 2020, near the White House in Washington. Floyd died after being restrained by Minneapolis police officers. (AP Photo/Alex Brandon)
Demonstrators react as a helicopter circles low as people gather to protest the death of George Floyd, Monday, June 1, 2020, near the White House in Washington. Floyd died after being restrained by Minneapolis police officers. (AP Photo/Evan Vucci)
A military Humvee blocks an intersection along K Street in downtown Washington as demonstrators protest the death of George Floyd, Monday, June 1, 2020, in Washington. Floyd died after being restrained by Minneapolis police officers. (AP Photo/Alex Brandon)
President Donald Trump walks from the White House through Lafayette Park to visit St. John’s Church Monday, June 1, 2020, in Washington. (AP Photo/Patrick Semansky)
President Donald Trump holds a Bible as he visits outside St. John’s Church across Lafayette Park from the White House Monday, June 1, 2020, in Washington. Park of the church was set on fire during protests on Sunday night. (AP Photo/Patrick Semansky)
Police begin to clear demonstrators gathered as they protest the death of George Floyd, Monday, June 1, 2020, near the White House in Washington. Floyd died after being restrained by Minneapolis police officers. (AP Photo/Alex Brandon)
A demonstrator is taken into custody by police after a curfew took effect during a protest over the death of George Floyd, Monday, June 1, 2020, near the White House in Washington. Floyd died after being restrained by Minneapolis police officers. (AP Photo/Alex Brandon)
A demonstrator is taken into custody by police after a curfew took effect during a protest over the death of George Floyd, Monday, June 1, 2020, near the White House in Washington. Floyd died after being restrained by Minneapolis police officers. (AP Photo/Alex Brandon)
Police prepare transport vehicles for people who they arrest during protests over the death of George Floyd, Monday, June 1, 2020, near the White House in Washington. Floyd died after being restrained by Minneapolis police officers. (AP Photo/Alex Brandon)
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U.S. Park Police string security tape around Lafayette Square near the White House in Washington, D.C., on Monday, June 1, 2020. (AFP via Getty Images/MANDEL NGAN)
Demonstrators protesting the death of George Floyd hold up placards near the White House on Monday, June 1, 2020 in Washington, D.C. (AFP via Getty Images/OLIVIER DOULIERY)
Workmen board up the windows of a building ahead of demonstrations against the death of George Floyd by police officers in Minneapolis on Monday, June 1, 2020 in Washington, D.C. (Getty Images/Joshua Roberts)
Trucks transport D.C. National Guard troops along West Executive Drive in support of law enforcement officers that are keeping demonstrators away from the White House on Monday, June 1, 2020 in Washington, D.C. (Getty Images/Chip Somodevilla)
Trucks transport D.C. National Guard troops along West Executive Drive in support of law enforcement officers that are keeping demonstrators away from the White House on Monday, June 1, 2020 in Washington, D.C. (Getty Images/Chip Somodevilla)
U.S. Secret Service officers stand on the roof of the West Wing while keeping watch on protesters gathered outside the White House on Monday, June 1, 2020 in Washington, D.C. (Getty Images/Chip Somodevilla)
Demonstrators protesting the death of George Floyd hold up placards near the White House on Monday, June 1, 2020 in Washington, D.C. (AFP via Getty Images/OLIVIER DOULIERY)
Members of the Secret Service walk past the White House as protests over the death of George Floyd continue on Monday, June 1, 2020, in Washington, D.C. (AFP via Getty Images/BRENDAN SMIALOWSKI)
Police officers hold a perimeter near the White House as demonstrators gather to protest the killing of George Floyd on Monday, June 1, 2020 in Washington, D.C. (AFP via Getty Images/OLIVIER DOULIERY)
Demonstrators protesting the death of George Floyd hold up placards near the White House on Monday, June 1, 2020 in Washington, D.C. (AFP via Getty Images/MANDEL NGAN)
Demonstrators protesting the death of George Floyd hold up placards near the White House on Monday, June 1, 2020 in Washington, D.C. (AFP via Getty Images/OLIVIER DOULIERY)
Protesters take a knee and raise their fists in Lafayette Square near the White House in Washington, DC on June 1, 2020. (AFP via Getty Images/MANDEL NGAN)
A cyclist rides pass an armored vehicle heading towards Lafayette Square on 16th Street, as people protest the death of George Floyd, in Washington, D.C. on Monday, June 1, 2020. (AFP via Getty Images/MANDEL NGAN)
A demonstrator walks by graffiti in Lafayette Park on H Street NW, on Monday, June 1, 2020, after weekend protests sparked by the death of George Floyd occurred near the White House. (CQ-Roll Call, Inc via Getty Imag/Tom Williams)
People protest the death of George Floyd near the White House in D.C. on Monday, June 1, 2020. (AFP via Getty Images/MANDEL NGAN)
People protest the death of George Floyd down the street from the White House in D.C. on Monday, June 1, 2020. (AFP via Getty Images/MANDEL NGAN)
People protest the death of George Floyd, an unarmed black man who died while while being arrested and pinned to the ground by the knee of a Minneapolis police officer, outside Lafayette Square near the White House in D.C. on Monday, June 1, 2020. (AFP via Getty Images/MANDEL NGAN)
Vehicles for the D.C. National Guard are seen outside the D.C. Armory, Monday, June 1, 2020, in Washington. Protests have erupted across the U.S. to protest the death of Floyd, a black man who was killed in police custody in Minneapolis on May 25. (AP/Jacquelyn Martin)
Shattered window and door glass is scattered on the floor inside Mervis Diamond Importers in Washington, Monday, June 1, 2020, after a night of protests over the death of George Floyd. (AP/Carolyn Kaster)
A damaged cash machine is seen in Washington on I Street NW, Monday, June 1, 2020, after a night protests over the death of George Floyd. Floyd died after being restrained by Minneapolis police officers on May 25. (AP/Carolyn Kaster)
D.C. Mayor Muriel Bowser speaks Monday, June 1, 2020, in Washington, during a news conference to announce a new 7 p.m. curfew for the city for the next two nights. Across the U.S., people gathered to protest the death of George Floyd, who was killed in police custody in Minneapolis on May 25. (AP/Jacquelyn Martin)
An ATF officer walks out of Lafayette Park on H Street NW, on Monday, June 1, 2020, after weekend protests sparked by the death of George Floyd occurred near the White House. (CQ-Roll Call, Inc via Getty Imag/Tom Williams)
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A worker cleans graffiti off the AFL-CIO building on 16th Street NW in D.C., on Monday, June 1, 2020, after weekend protests. (CQ-Roll Call, Inc via Getty Imag/Tom Williams)
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