Any person bringing suit under § 2-421 must allege and prove:
- That his conviction has been reversed or set aside on the ground that he is not guilty of the offense of which he was convicted, or on new trial or rehearing was found not guilty of such offense, as appears from the record or certificate of the court setting aside or reversing such conviction, or that he has been pardoned upon the stated ground of innocence and unjust conviction; and
- That, based upon clear and convincing evidence, he did not commit any of the acts charged or his 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 he did not, by his misconduct, cause or bring about his own prosecution.
Historical and Statutory
1981 Ed., § 1-1222.
Legislative History of Laws
For legislative history of D.C. Law 3-143, see Historical and Statutory Notes following § 2-421.
DC CODE § 2-422
Current through December 11, 2012
(Mar. 5, 1981, D.C. Law 3-143, § 3, 27 DCR 4656.)