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Review by Court. *NOTE: Amendment made to this section by section 7088(b) of D.C. Law 25-50 is applicable January 1, 2026.* (a) If it plainly appears from the face of the motion, any accompanying exhibits, affidavits, and documents, and the record of any prior proceedings in the case, that the movant is not eligible for relief or is not entitled to relief, the Court may dismiss or deny the motion. (b) If the motion is not dismissed or denied after initial review, the Court shall order the prosecutor to file a response to the motion. The prosecutor shall file the response within 60 days of the issuance of the order except where the arrest was not presented to the prosecutor for a charging decision, in which case the prosecutor shall file the response within 90 days of the issuance of the order. (c) Upon the filing of the prosecutor’s response, the Court shall determine whether a hearing is required. (d) If the Court determines that a hearing is required, the hearing shall be scheduled within 30 days of the prosecutor’s response. If the Court determines that a hearing is not required, the Court shall dismiss, grant, or deny the motion within 30 days of the prosecutor’s

be scheduled within 30 days of the prosecutor’s response. If the Court determines that a hearing is not required, the Court shall dismiss, grant, or deny the motion within 30 days of the prosecutor’s response. (e) At the hearing, the movant and the prosecutor may present witnesses and information by proffer or otherwise. Hearsay evidence shall be admissible. (f) An order dismissing, granting, or denying the motion shall be in writing and include reasons. (g) The Court shall not be required to entertain a second or successive motion for similar relief on behalf of the same movant regarding the same offenses, arrests, or convictions unless the previous motion was dismissed or denied without prejudice. (h) An order dismissing, granting, or denying a motion for sealing is a final order for purposes of appeal. (May 5, 2007, D.C. Law 16-307, § 2(b), 54 DCR 868; Mar. 10, 2015, D.C. Law 20-186, § 2(c), 61 DCR 12108; Mar. 10, 2023, D.C. Law 24-284, § 101(b), 70 DCR 913; June 8, 2024, D.C. Law 25-175, § 40(a)(2), 71 DCR 2732.) Section References This section is referenced in § 16-804. Effect of Amendments The 2015 amendment by D.C. Law 20-186 rewrote (d).

70 DCR 913; June 8, 2024, D.C. Law 25-175, § 40(a)(2), 71 DCR 2732.) Section References This section is referenced in § 16-804. Effect of Amendments The 2015 amendment by D.C. Law 20-186 rewrote (d). Applicability Section 7290(a) of D.C. Law 25-217 amended section 40(b) of D.C. Law 25-175, amending section 301 of D.C. Law 24-284 making the amendment of this section by section 101(b) of D.C. Law 24-284 applicable as of March 1, 2025. Section 7290(a) of D.C. Act 25-506 amended section 40(b) of D.C. Law 25-175 changing the applicability date of section 40 of D.C. Law 25-175 to March 1, 2025. Therefore the amendment of this section by section 40 of Law 25-175 has not been implemented. Section 40(b) of D.C. Law 25-175 amended section 301 of D.C. Law 24-284 changing the applicability provision impacting this section to October 1, 2024. Therefore the amendment of this section by section 101(b) of Law 24-284 will be implemented on October 1, 2024. Applicability of D.C. Law 25-175: § 45 of D.C. Law 25-175 provided that the amendment of this section by § 40(a)(2) of D.C. Law 25-175 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan.

: § 45 of D.C. Law 25-175 provided that the amendment of this section by § 40(a)(2) of D.C. Law 25-175 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Section 7088 of D.C. Law 25-50 amended section 301 of D.C. Law 24-284 changing the applicability provision impacting this section to January 1, 2026. Therefore the amendment of this section by section 101(b) of Law 24-284 will be implemented on January 1, 2026. Applicability of D.C. Law 24-284: § 301 of D.C. Law 24-284 provided that the change made to this section by § 101(b) of D.C. Law 24-284 is subject to the inclusion of the law’s fiscal effect in an approved budget and financial plan. Therefore that amendment has not been implemented. Emergency Legislation For temporary (90 days) amendment of this section, see § 7290(a) of Fiscal Year 2025 Budget Support Emergency Act of 2024 (D.C. Act 25-506, July 15, 2024, 71 DCR 8406).