Jurisdiction
Record Type
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- Group: Adult, Juvenile
- (-) Adult
- (-) Juvenile
| California | California | California | California | California | California | California | Wyoming | Wyoming | Wyoming | Wyoming | Wyoming | Wyoming | Wyoming | Wyoming | Wyoming | Wyoming | Wyoming | Wyoming | Wyoming | |
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| Clearance policy overview |
Records relating to a juvenile’s arrest and referral and participation in a diversion or supervision program in the probation department's custody, shall be sealed upon satisfactory completion of a program of diversion or supervision. Cal Wel & Inst Code § 786.5(a). |
Records relating to a case dismissed following successful completion of a pretrial diversion program, can be sealed by the court if certain criteria are met. Cal Pen Code § 1001.36. |
Records relating to the conviction of any nonviolent offense committed while the person was a victim of intimate partner violence or sexual violence, can be vacated by the court. Cal Pen Code § 236.15(a). |
Records relating to misdemeanor convictions shall be dismissed. Cal Pen Code § 1203.425(a)(1)(B)(iv). |
Records relating to certain felony convictions that did not result in incarceration in the state prison, shall be dismissed. Cal Pen Code § 1203.425(a)(1)(B)(iv). |
Records of a criminal conviction or sentence of a person who is no longer in criminal custody can be vacated if the conviction or sentence is legally invalid due to prejudicial error, if newly discovered evidence of actual innocence exists that requires vacation of the conviction or sentence as a matter of law or in the interests of justice, or if a conviction or sentence was sought, obtained, or imposed on the basis of race, ethnicity, or national origin. Cal Pen Code § 1473.7. |
Records relating to a conviction for loitering with intent to commit prostitution pursuant to former Cal Pen Code § 653.22, which has been repealed, shall be sealed if the applicant satisfies certain criteria. Cal Pen Code § 653.29(a). The court shall seal the conviction as legally invalid. Cal Pen Code § 653.29(b). |
Records relating to a felony matter that did not result in an adjudication will be destroyed or expunged. Wyo. Stat. § 14-6-240(b). | Records in the Juvenile Justice Information System, which is maintained by the Wyoming Division of Criminal Investigation within the Office of the Attorney General, shall be deleted when the person reaches the age of majority. Wyo. Stat. § 7-19-504(b). | The record of a person convicted of possessing or using nicotine products while under the age of 21 can be expunged 6 months after entry of conviction and the payment of a fine. Wyo. Stat. § 14-3-304. | The record of a person convicted of purchasing or attempting to purchase nicotine products while under the age of 21 can be expunged 6 months after entry of conviction and the payment of a fine. Wyo. Stat. § 14-3-304. | The record of a person adjudicated in need of supervision may be expunged if they have not committed any other offense. Wyo. Stat. § 14-6-440. | The record of a minor convicted of a misdemeanor in circuit court may be expunged. Wyo. Stat. § 14-6-241(c). | The record of a minor admitted to a diversion program or granted a deferral can be expunged, so long as rehabilitation of the petitioner has been attained to the satisfaction of the court or the prosecuting attorney. Wyo. Stat. § 14-6-241(d). | Records relating to the proceedings of charges that were not adjudicated shall be sealed. Wyo. Stat. § 14-6-239. | Records relating to certain adjudications can be expunged so long as rehabilitation of the petitioner has been attained to the satisfaction of the court or the prosecuting attorney. Wyo. Stat. § 14-6-241. | Records relating to a commercial sex act or other criminal acts committed as a direct result of, or incident to, being a victim of human trafficking can be vacated by the court. Wyo. Stat. § 6-2-708. | Records relating to a felony conviction or convictions arising from the same occurrence or related course of events can be expunged by the court 10 years after sentence completion, so long as the petitioner has no other felony convictions. Wyo. Stat. § 7-13-1502(a). | Records relating to a misdemeanor conviction for a status offense can be expunged by the court one year after sentence completion. Wyo. Stat. § 7-13-1501(a)(1). | Records relating to a misdemeanor conviction for an offense other than a status offense can be expunged by the court five years after sentence completion. Wyo. Stat. § 7-13-1501(a)(1). |
| Ineligible Category or Citation |
No statutory language regarding ineligible offenses. |
Certain offenses, including murder, voluntary manslaughter, rape, lewd or lascivious act on a child under 14, sexual abuse of a child, are ineligible for sealing. Cal Pen Code § 1001.36(d). |
This section applies only to situations in which the arrest or conviction of a nonviolent offense was the direct result of being a victim of intimate partner violence or sexual violence. Cal Pen Code § 236.15(a),(t). |
Persons required to register to the Sex Offender Registration Act, on active court supervision, currently serving a sentence and have pending criminal charges, those whose conviction resulted in a sentence of incarceration in state prison, and whose conviction occurred prior to January 1, 1973, and meet other criteria, are ineligible. See Cal Pen Code § 1203.425(a)(1)(B). |
Only the types of convictions listed in subsection (a) are eligible for vacation. Cal. Pen. Code § 236.14(a). |
This section applies only to a conviction of violating former Section 653.22. Cal Pen Code § 653.29(b). |
There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | No discussion of ineligible offenses. | No discussion of ineligible offenses. | See Wyo. Stat. § 14-6-440. | Violent felonies as defined by section 6-1-104(a)(xii) may not be expunged. Wyo. Stat. § 14-6-241(a). A person is not eligible for expungement if the person has a subsequent felony conviction or a pending felony charge. Wyo. Stat. § 14-6-241(a). | Violent felonies as defined by section 6-1-104(a)(xii) may not be expunged. Wyo. Stat. § 14-6-241(a). A person is not eligible for expungement if the person has a subsequent felony conviction or a pending felony charge. Wyo. Stat. § 14-6-241(a) | There is no statutory language regarding ineligible offenses. | Violent felonies as defined by section 6-1-104(a)(xii) cannot be expunged. The petitioner is not eligible for expungement if he or she has a subsequent felony conviction or a pending felony charge. Wyo. Stat. § 14-6-241(a). | There is no statutory language regarding ineligible offenses. | See Wyo. Stat. §§ 7-13-1502(a)(iii)-(iv) for a listing of ineligible offenses. | Misdemeanors that involved the use or attempted use of a firearm are ineligible for expungement. Wyo. Stat. § 7-13-1501(a)(iii). | Misdemeanors that involved the use or attempted use of a firearm are ineligible for expungement. Wyo. Stat. § 7-13-1501(a)(iii). A healthcare provider who is convicted of an offense under W.S. 6-2-313 that is committed against a patient is ineligile for expungement. Wyo. Stat. § 7-13-1501(a)(iv). | |
| Clearance Process | Automatic | Automatic | Petition-based | Automatic | Automatic | Petition-based | Petition-based | Automatic | Automatic | Automatic | Automatic | Petition-based | Petition-based | Petition-based | Automatic | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based |
| Waiting Periods |
There is no waiting period. |
There is no waiting period. |
There is no waiting period. |
There is no waiting period. |
There is no waiting period. |
There is no waiting period. |
There is no waiting period. |
The records are destroyed if the matter does not result in adjudication. | The record is deleted when the juvenile turns 18. Wyo. Stat. §§ 14-6-241(a), 14-1-101(a). | There is a 6-month waiting period. | There is a 6-month waiting period. | There is no statutory language regarding waiting periods. | There is no waiting period. | The petition may be filed upon juvenile reaching the age of majority, which is 18. Wyo. Stat. §§ 14-6-241(a), 14-1-101(a). | The records shall be sealed upon completion of the proceedings. Wyo. Stat. § 14-6-239(a). | The petition can be filed when the person reaches the age of majority, which is 18. Wyo. Stat. §§ 14-6-241(a), 14-1-101(a). | The petition can be filed at any time a conviction is entered. | The petition can be filed 10 years after sentence completion. | The petition can be filed one year after sentence completion. | The petition can be filed five years after sentence completion. |
| Fees |
There is no statutory language regarding fees. |
There is no statutory language regarding fees. |
There is no statutory language on fees. |
There is no statutory language on fees. |
There is no statutory language on fees. |
There is no statutory language regarding fees. |
There is no statutory language regarding fees. |
There is no statutory language regarding fees. | There is no statutory language regarding fees. | There are no fees. | There are no fees. | There are no fees. | There are no fees. | There are no fees. | There is no statutory language regarding fees. | There are no fees. | There is no statutory language regarding fees. | There is a $300 filing fee. Wyo. Stat. § 7-13-1502(b). | There is a $100 filing fee. Wyo. Stat. § 7-13-1501(b). | There is a $100 filing fee. Wyo. Stat. § 7-13-1501(b). |
| Effect |
The probation department shall notify the arresting law enforcement agency to seal the arrest records described in subdivision (a), and the arresting law enforcement agency shall seal the records in its custody relating to the arrest no later than 60 days from the date of notification by the probation department. Upon sealing, the arresting law enforcement agency shall notify the probation department that the records have been sealed. Within 30 days from receipt of notification by the arresting law enforcement agency that the records have been sealed pursuant to this section, the probation department shall notify the minor in writing that their record has been sealed pursuant to this section. If records have not been sealed pursuant this section, the written notice from the probation department shall inform the minor of their ability to petition the court directly to seal their arrest and other related records. Cal Wel & Inst Code § 786.5(b). Once the court has ordered the person's records sealed, the proceedings in the case shall be deemed not to have occurred and the individual may respond accordingly to any inquiry, application, or process in which disclosure of this information is requested or sought. Cal Wel & Inst Code § 786.5(c). |
Regardless of the person’s completion of diversion, the arrest upon which the diversion was based may be disclosed by the Department of Justice to any peace officer application request. The person has the obligation to disclose the arrest in response to any direct question contained in any questionnaire or application for a position as a peace officer, as defined in Section 830. An order to seal records pertaining to an arrest made pursuant to this section has no effect on a criminal justice agency’s ability to access and use those sealed records and information regarding sealed arrests, as described in Section 851.92. Cal Pen Code § 1001.36(j). |
The court shall also order the law enforcement agency having jurisdiction over the offense, the Department of Justice, and any law enforcement agency that arrested the petitioner or participated in the arrest of the petitioner to seal their records of the arrest and the court order to seal and destroy the records within three years from the date of the arrest, or within one year after the court order is granted, whichever occurs later, and thereafter to destroy their records of the arrest and the court order to seal and destroy those records. The court shall provide the petitioner a copy of any court order concerning the destruction of the arrest records. Cal Pen Code § 236.15(k). |
The records are dismissed. Cal Pen Code § 1203.425(a)(1). A person granted conviction relief pursuant to this section shall be released from all penalties and disabilities resulting from the offense of which the person has been convicted. Cal Pen Code § 1203.425(a)(2)(B). |
The records are dismissed. Cal Pen Code § 1203.425(a)(1). A person granted conviction relief pursuant to this section shall be released from all penalties and disabilities resulting from the offense of which the person has been convicted. Cal Pen Code § 1203.425(a)(2)(B). |
The arrest and conviction shall be deemed never to have occurred, where the moving party complied with these requirements, and where the disposition under the statute has been, or potentially could be, used as a basis for adverse immigration consequences. Cal Pen Code § 1473.7(e)(2). |
The court shall seal the conviction as legally invalid. Cal Pen Code § 653.29(b). |
The enforcement agency which obtained the fingerprints or photograph shall destroy those records and shall report the destruction of the records to the court. Further, the court shall order all records pertaining to the matter in the files of law enforcement agencies destroyed or expunged. However, the minor's name and legal records may be released upon a finding that the information will serve to protect the public health or safety or to deter the minor or other from committing similar offenses. Wyo. Stat. § 14-6-240(b) and (f). | There is no statutory language regarding effect. | The record of conviction is expunged and the conviction is deemed not to have occurred. Wyo. Stat. § 14-3-304(d). | The record of conviction is expunged and the conviction is deemed not to have occurred. Wyo. Stat. § 14-3-304(d). | "Expungement" means to permanently destroy or delete all records, including physical and electronic records, documents and images of documents. If a minor's name appears on a court list, index or other compilation containing other information not subject to expungement, "expungement" means to redact by obliterating the minor's name from the record. Wyo. Stat. § 14-6-241(f)-(g). | "Expungement" means to permanently destroy or delete all records, including physical and electronic records, documents and images of documents. If a minor's name appears on a court list, index or other compilation containing other information not subject to expungement, "expungement" means to redact by obliterating the minor's name from the record. Wyo. Stat. § 14-6-241(f)-(g). | "Expungement" means to permanently destroy or delete all records, including physical and electronic records, documents and images of documents. If a minor's name appears on a court list, index or other compilation containing other information not subject to expungement, "expungement" means to redact by obliterating the minor's name from the record. Wyo. Stat. § 14-6-241(f)-(g). | The court will not release sealed records except to the extent necessary to respond to inquiries from another court of law; an agency preparing a pre-sentence report for another court; a party to the proceeding; or the Department of Family Services for purposes of establishing, modifying, or enforcing a support obligation. Wyo. Stat. § 14-6-239(a). For more information on effect, see sections 14-6-203(g) and 14-6-240. | Upon entry of an order, the proceedings in the petitioner's case are deemed never to have occurred and the petitioner can reply accordingly to any inquiry regarding the matter. Wyo. Stat. § 14-6-241(a),(g). | The conviction is vacated. Wyo. Stat. § 6-2-708(c). | Expungement means classifying the record to ensure it will not be available for dissemination other than to criminal justice agencies to be used for criminal justice purposes. Wyo. Stat. § 7-13-1401(j)(ii). | Expungement means classifying the record to ensure it will not be available for dissemination other than to criminal justice agencies to be used for criminal justice purposes. Wyo. Stat. § 7-13-1401(j)(ii). | Expungement means classifying the record to ensure it will not be available for dissemination other than to criminal justice agencies to be used for criminal justice purposes. Wyo. Stat. § 7-13-1401(j)(ii). |
| Remedy | Seal | Seal | Vacate | Dismiss | Dismiss | Vacate | Seal | Expunge | Delete | Expunge | Expunge | Expunge | Expunge | Expunge | Seal | Expunge | Vacate | Expunge | Expunge | Expunge |
