(a) Any person bringing suit under § 2-421(1) must allege and prove the following:
(1) The person was incarcerated following a conviction for a felony offense contained in the District of Columbia Official Code;
(2) The conviction for the offense has been reversed or set aside by the Superior Court of the District of Columbia ("Superior Court") on the stated ground of innocence and unjust conviction;
(3) The person has obtained a certificate of innocence from the Superior Court; and
(4) That, based upon clear and convincing evidence, the person did not commit any of the acts charged or the person's acts or omissions in connection with such charge constituted no offense against the United States or the District of Columbia the maximum penalty for which would equal or exceed the imprisonment served and the person did not, by his or her misconduct, cause or bring about his or her own prosecution.
(b) Any person filing a petition under § 2-421(2) must allege and prove the following:
(1) The person was incarcerated following a conviction for a felony offense contained in the District of Columbia Official Code;
(2) The conviction for the offense has been reversed or set aside by the Superior Court on the stated ground of innocence and unjust conviction; and
(3) The person has obtained a certificate of innocence from the Superior Court.
(c) Notwithstanding subsections (a) and (b) of this section, a person is not entitled to damages or compensation under this subchapter for any part of a sentence served, whether incarcerated, on parole, on probation, on supervised release, or as a registered sex offender, if that person was also serving a concurrent sentence for another crime to which subsections (a) and (b) of this section do not apply.
(Mar. 5, 1981, D.C. Law 3-143, § 3, 27 DCR 4656; Dec. 13, 2017, D.C. Law 22-33, § 1012(b), 64 DCR 7652.)
Prior Codifications1981 Ed., § 1-1222.
Section ReferencesThis section is referenced in § 2-423.
Emergency LegislationFor temporary (90 days) amendment of this section, see § 1012(b) of Fiscal Year 2018 Budget Support Congressional Review Emergency Act of 2017 (D.C. Act 22-167, Oct. 24, 2017, 64 DCR 10802).
For temporary (90 days) amendment of this section, see § 1012(b) of Fiscal Year 2018 Budget Support Emergency Act of 2017 (D.C. Act 22-104, July 20, 2017, 64 DCR 7032).