District of Columbia earns a B+ for its civil forfeiture laws
Standard of Proof
Somewhat higher bar to forfeit some property: For motor vehicles, real property, and currency up to $1,000, prosecutors’ standard is clear and convincing evidence. A very weak conviction provision requires conviction of the owner when a person’s primary residence is at stake. For all other property, the standard is preponderance of the evidence.
Innocent Owner Burden
Stronger protections for the innocent: The government must prove third-party owners knew about criminal activity connected to their property.
Financial Incentive
No profit incentive: All forfeiture proceeds go to the general fund.
The letter grade reflects the District’s forfeiture laws as of May 7, 2025. When we become aware of relevant reforms, we are updating the standard of proof, innocent owner burden, and financial incentive language above, but we are not updating the letter grade.
Note: Prosecutors need only meet their standard of proof—and owners can only prove their innocence—if owners make it to a judicial hearing. See flow chart.
Recent Reforms
Recommendations
What happens after personal property is seized in the District of Columbia?
Under District of Columbia law, the government’s and owners’ deadlines leading to a judicial hearing add up to 241 days, but there is no deadline for the hearing itself and possible extensions may add to the wait. While you wait, the government has your property, but you can try to get it back while the case continues by requesting a hearing.
*Prosecutors have 90 days to file a complaint if you are in possession of the property.
For research methods and limitations, see “How We Documented Civil Forfeiture Processes From Seizure to Hearing.”
District and Federal Forfeiture Proceeds, 2000–2023
At least $18 million in District and federal forfeiture revenue
| Year | District of Columbia Forfeiture Revenues | Dept. of Justice Equitable Sharing Proceeds | Treasury Equitable Sharing Proceeds | Total |
|---|---|---|---|---|
| 2000 | Unknown | $587,922 | $228,000 | $815,922 |
| 2001 | Unknown | $852,803 | $27,000 | $879,803 |
| 2002 | Unknown | $687,588 | $70,000 | $757,588 |
| 2003 | Unknown | $432,494 | $152,000 | $584,494 |
| 2004 | Unknown | $540,347 | $204,000 | $744,347 |
| 2005 | Unknown | $715,938 | $124,000 | $839,938 |
| 2006 | Unknown | $510,256 | $321,000 | $831,256 |
| 2007 | Unknown | $734,193 | $187,000 | $921,193 |
| 2008 | Unknown | $563,621 | $171,000 | $734,621 |
| 2009 | Unknown | $506,882 | $206,000 | $712,882 |
| 2010 | $1,894,278 | $670,749 | $28,000 | $2,593,027 |
| 2011 | $1,271,889 | $531,940 | $63,000 | $1,866,829 |
| 2012 | $1,648,599 | $866,809 | $83,000 | $2,598,408 |
| 2013 | Unknown | $357,847 | $11,000 | $368,847 |
| 2014 | Unknown | $771,427 | $21,000 | $792,427 |
| 2015 | $15,787 | $385,950 | $2,000 | $403,737 |
| 2016 | $23,518 | $189,247 | $34,000 | $246,765 |
| 2017 | $700 | $673,004 | $77,000 | $750,704 |
| 2018 | $25,996 | $774,868 | $8,000 | $808,864 |
| 2019 | $90,011 | $0 | $0 | $90,011 |
| 2020 | $123,837 | $0 | $10,000 | $133,837 |
| 2021 | $70,726 | $0 | $3,000 | $73,726 |
| 2022 | $126,977 | $0 | $0 | $126,977 |
| 2023 | $156,221 | $0 | $0 | $156,221 |
| Totals | $5,448,539 | $11,353,885 | $2,030,000 | $18,832,424 |
All revenue figures include both civil and criminal forfeitures. Revenues are not adjusted for inflation.
Federal Equitable Sharing
Since October 2018, the District of Columbia has directed all equitable sharing proceeds to the general fund, effectively disqualifying District agencies from participating.
Forfeitures Under District of Columbia Law: Key Facts
Median Value
UNKNOWN
The District of Columbia does not report property-level data necessary to calculate median forfeiture value.
Property Types
From 2019 to 2023, nearly all of the District of Columbia’s forfeitures were of currency.
Proceeding Types
UNKNOWN
The District of Columbia does not report whether forfeitures are processed under civil or criminal forfeiture law.
Claims
From 2019 to 2023, nearly all of the District of Columbia’s forfeitures were contested via a claim, which may be explained in part by strong notice requirements and limited use of forfeiture.
Forfeiture Transparency and Accountability Report Card
Tracking Seized Property
DStatewide Forfeiture Reports
BPenalties for Failure to File a Report
FAccounting for Forfeiture Fund Spending
N/A †Accessibility of Forfeiture Records
AFinancial Audits of Forfeiture Accounts
N/A ††These grades are not applicable as the District of Columbia does not permit law enforcement agencies to spend forfeiture revenue.
For full transparency and accountability grades, visit ij.org/TransparencyReportCards.
Data Notes
District-wide data for 2019–2023 were downloaded from the websites of the D.C. attorney general and Metropolitan Police Department. Data for earlier years were obtained via download from the D.C. Council’s Legislative Information Management System website and public records requests to the MPD. Revenues represent the value of forfeited currency and proceeds of forfeited property sold in a year. Figures for 2015–2023 are based on fiscal year, while those for 2010–2012 are based on calendar year. MPD did not provide records in response to a request for records for 2013–2014. Equitable sharing data are from DOJ’s and Treasury’s annual forfeiture reports. Due to differences in reporting and accounting practices, figures may not match aggregate numbers produced by the District or cover the same 12-month period as the federal data.
Legal Sources
Standard of proof: In general, preponderance of the evidence. The standard of proof increases to clear and convincing evidence for vehicles, real property, and currency up to $1,000. Weak conviction provision requires conviction of “an owner,” but only for contested forfeitures of a primary residence.
D.C. Code §§ 41-308(d)(1), (4), -302(c); see id. § 41-305(c) (procedure when uncontested).
Innocent owner burden: Government.
D.C. Code §§ 41-302(b), -308(d)(1).
Financial incentive: No financial incentive. All currency and proceeds from sales of forfeited property must be deposited in the general fund.
D.C. Code § 41-310(a)(2)–(3).
Process: D.C. Code §§ 41-301 et seq. (forfeiture procedure); D.C. R. Civ. P. 12 (time to answer), 71.1-I (forfeiture procedure), 4 (service of complaint).