Legal Opinion

Burns v. United States

District of Columbia Court of Appeals

Decided August 4, 2005No. 04-CO-183PublishedCited by 3 opinions

1Opinion of the Court

RUIZ, Associate Judge:

Appellant challenges the trial court’s decision to deny, without a hearing, his motion under Superior Court Criminal Rule 118 to seal the records of a previous arrest. The argument, essentially, is that his submission of a sworn affidavit in sup port of his motion created a sufficient factual dispute so as to require a hearing on the motion, and also established, by clear and convincing evidence, that he had committed no crime. In light of the heavy burden that appellant must shoulder to merit sealing of his arrest records, we conclude that based on the evidence…

2Cases cited10 opinions

  1. Gerstein v. PughSupreme Court of the United States · 1975
  2. District of Columbia v. HudsonDistrict of Columbia Court of Appeals · 1979
  3. In Re Estate of SoederOhio Court of Appeals · 1966
  4. Mahaise v. United StatesDistrict of Columbia Court of Appeals · 1998
  5. White v. United StatesDistrict of Columbia Court of Appeals · 1990

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3Cited by3 opinions

  1. V.C.B. v. United StatesDistrict of Columbia Court of Appeals · 2012
  2. Ventura v. United StatesDistrict of Columbia Court of Appeals · 2007
  3. Sepulveda-Hambor v. District of ColumbiaDistrict of Columbia Court of Appeals · 2005

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