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| Nevada | Nevada | New York | New York | New York | New York | New York | New York | New York | New York | New York | New York | New York | New York | New York | New York | Ohio | Ohio | Ohio | Ohio | |
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| Clearance policy overview | Records relating to a criminal case can be sealed any time following dismissal of the charges or an acquittal. Nev. Rev. Stat. § 179.255(1)(a), (c). | Records relating to a criminal case in which charges were declined for prosecution can be sealed pursuant to a stipulation between the parties, or after the applicable statute of limitations has run, or eight years after the arrest. Nev. Rev. Stat. § 179.255(1)(b). | Records of the court proceeding are sealed, and records of the arrest are destroyed or returned when no charges are filed or a case terminates in the person's favor. N.Y. Crim. Proc. Law § 160.50. | Records relating to convictions for marijuana possession under sections 221.05 and 221.10 are vacated and expunged immediately. N.Y. Crim. Proc. Law § 160.50(5). | Records of one or two eligible convictions, only one of which may be a felony, can be sealed by the court 10 years after conviction or release from incarceration, if applicable. N.Y. Crim. Proc. Law § 160.59. | Records relating to a delinquency proceeding terminated in favor of the respondent will be sealed immediately, unless the court determines that the interests of justice require otherwise. N.Y. Fam. Ct. Act § 375.1(1). | Records relating to a delinquency proceeding terminated in favor of the respondent before April 14, 2010, will be sealed upon petition, unless the court determines that the interests of justice require otherwise. N.Y. Fam. Ct. Act § 375.1(6). | Records relating to an action that has resulted in a finding of delinquency can be sealed upon petition, so long as the person is at least 17 years old, the court finds it is in the interests of justice, and the person is not subject to a disqualifying felony. N.Y. Fam. Ct. Act § 375.2(6). | Records of a criminal proceeding resulting in a conviction for a traffic infraction or a violation can be sealed by the court unless the court directed that the records not be sealed in the interests of justice. N.Y. Crim. Proc. Law § 160.55(1). | Records of convictions as a result of having been a victim of sex trafficking, labor trafficking, aggravated labor trafficking, compelling prostitution, or trafficking of persons may be vacated by the court. N.Y. Crim. Proc. Law § 440.10(1)(i). | A record relating to a juvenile delinquency matter can be expunged at the discretion of the court. N.Y. Fam. Ct. Act § 375.3. | Records relating to specified controlled substance convictions can be conditionally sealed by the court upon the successful completion of drug treatment. N.Y. Crim. Proc. Law § 160.58(1). | Records of an arrest resulting in a waiver of a hearing pursuant to section 1192(10)(c) of the vehicle and traffic law or section 49-b of the navigation law will be sealed when the person reaches the age of 21 or three years from the date of the offense, whichever is the greater period of time. N.Y. Crim. Proc. Law § 160.55(5)(a). | Records of an arrest for violations of section 1192-a or 1194-a of the vehicle and traffic law or section 49-b of the navigation law that are resolved in favor of a defendant who is under the age of 21 will be sealed no later than three years from the date of the offense or when the person reaches the age of 21, whichever is the greater period of time. N.Y. Crim. Proc. Law § 160.55(5)(b). | An individual who was an eligible youth, who was not determined to be a youthful offender by the sentencing court, may apply to the sentencing court for a new determination, after at least five years have passed since the imposition of the sentence. See N.Y. Fam. Ct. Act § 720.20(5)(a). | Traffic infractions committed by a juvenile 16 years of age or, commencing on October 1, 2019, 17 years of age, shall be sealed automatically at the expiration of a successful period of an adjustment, adjournment in contemplation of dismissal or conditional discharge. N.Y. Fam. Ct. Act § 375.2(7). | Records relating to a criminal charge can be sealed two years after a grand jury reports no true bill. ORC Ann. 2953.33(A). | Records relating to a felony of the fourth or fifth degree or a misdemeanor can be sealed by the court. ORC Ann. §§ 2953.32, 2953.31. | Records relating to a case referred to the court but resolved without the filing of a complaint will be sealed immediately by the court. Ohio Rev. Code Ann. § 2151.356(B)(1)(b). | Records of an alcohol-related offense for which the person successfully completed a diversion program will be sealed immediately. Ohio Rev. Code Ann. § 2151.356(B)(1)(c). |
| Ineligible Category or Citation | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | This policy applies only to convictions under Penal Law sections 221.05 and 221.10. | Sealing is unavailable under § 160.59(3) when: (a) an individual is required to register as a sex offender;(b) an individual has previously obtained sealing of the maximum number of convictions allowable under 160.58; (c) an individual has previously obtained sealing of the maximum number of convictions allowable under 160.59(4);(d) the waiting period has not yet been satisfied; (e) the individual has an undisposed arrest or charge pending;(f) the individual was convicted of any crime after the date of the entry of judgment of the last conviction for which sealing is sought;(g) the individual has failed to provide the court with required sworn statement of the reasons why the court should grant the relief sought; and(h) the individual has been convicted of two or more felonies or more than two crimes. Class A felonies, violent felonies, and most sex offenses are ineligible for sealing. N.Y. Crim. Proc. Law § 160.59(1)(a). | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | A record relating to a designated felony act is ineligible for sealing. N.Y. Fam. Ct. Act § 375.2(1). | Convictions for loitering as described in section 160.10(d) or (3) or operating a motor vehicle while ability impaired as described in section 1192 of the vehicle and traffic law are ineligible for sealing. N.Y. Crim. Proc. Law § 160.55(1). | This provision applies only if the judgment is a conviction where the individual's participation in the offense was a result of having been a victim of sex trafficking or labor trafficking, compelling prostitution, or Trafficking Victims Protection Act (United States Code, title 22, chapter 78). § 440.10(1)(i). | There is no statutory language regarding ineligible offenses. | This statute applies only to offenses specified in articles 220 or 221 of the penal law or section 410.91(5) of the criminal procedure law. If the court conditionally seals the record following the judicially sanctioned drug treatment program, it may also conditionally seal records for no more than three of the defendant's prior eligible misdemeanors, as defined in articles 220 or 221 of the penal law. N.Y. Crim. Proc. Law § 160.58(1), (2). | This provision applies only to violations of section 1192 of the vehicle and traffic law and section 49-b of the navigation law. N.Y. Crim. Proc. Law § 160.55(5)(a). | This provision applies only to violations of sections 1192-a or 1194-aof the vehicle and traffic law, and section 49-b of the navigation law that occur when a person is under the age of 21. N.Y. Crim. Proc. Law § 160.55(5)(b). | Where an eligible youth is convicted of two or more crimes set forth in separate counts of an accusatory instrument, or set forth in two or more accusatory instruments consolidated for trial purposes, the court must not find them a youthful offender with respect to any such conviction pursuant to N.Y. Crim. Proc. Law § 720.20(1) unless it finds them a youthful offender with respect to all such convictions. N.Y. Crim. Proc. Law § 720.20(2). | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | See section 2953.43 for offenses ineligible for clearance. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. |
| Clearance Process | Petition-based | Petition-based | Automatic | Automatic | Petition-based | Automatic | Petition-based | Petition-based | Automatic | Petition-based | By petition or court's own motion | By petition or court's own motion | Automatic | Automatic | Petition-based | Automatic | Petition-based | Petition-based | Automatic | Automatic |
| Waiting Periods | The petition can be filed at any time following dismissal of the charges or an acquittal. | The petition can be filed upon stipulation between the parties, after the applicable statute of limitations has run, or eight years after the arrest. | The records are returned upon disposition in favor of the defendant, unless the district attorney or the court gives the defendant at least five days notice. N.Y. Crim. Proc. Law § 160.50(1). | There is no waiting period. | The petition can be filed 10 years after the conviction or release from incarceration. | The record should be sealed immediately. | The petition can be filed at any time. | The petition can be filed after the person turns 17 years old. | The records are sealed upon conviction for a noncriminal offense, unless the district attorney or the court gives at least five days notice to the defendant. N.Y. Crim. Proc. Law § 160.55(1). | The motion should be made with due diligence after the petitioner has ceased to be a victim of trafficking or compelled prostitution or has sought services, subject to reasonable safety concerns. N.Y. Crim. Proc. Law § 440.10(1)(i)(i). | The petition can be filed at any time. | The petition can be filed upon completion of drug treatment. | The record is sealed when the person reaches age 21 or three years from the date of the offense, whichever is the greater period of time. | The record is sealed when the person reaches age 21 or three years from the date of the offense, whichever is the greater period of time. | The person may apply five years after sentencing. | There is no waiting period. | The petition can be filed two years after the date on which the grand jury reports a no bill. | The petition may be filed one year after final discharge. | The records should be sealed immediately. | The records should be sealed immediately. |
| 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 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 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 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 is no statutory language regarding fees. | The petitioner shall pay $50, unless indigent. ORC Ann.§ 2953.32(C)(3). | There is no statutory language regarding fees. | There is no statutory language regarding fees. |
| Effect | The court can order the sealing all records of the arrest and of the proceedings which are in the custody of any agency of criminal justice or any public or private company, agency, official, or other custodian. Nev. Rev. Stat. § 179.255(7). All proceedings are deemed never to have occurred and the person can answer accordingly to any inquiry, with exceptions listed in section 179.301. Nev. Rev. Stat. § 179.285. The court will notify agencies of the sealing order. Nev. Rev. Stat. § 179.275. See section 179.295 for instances in which sealed records can be reopened. | The court can order the sealing of all records of the arrest and of the proceedings which are in the custody of any agency of criminal justice or any public or private company, agency, official, or other custodian. Nev. Rev. Stat. § 179.255(7). All proceedings are deemed never to have occurred and the person can answer accordingly to any inquiry, with exceptions listed in section 179.301. Nev. Rev. Stat. § 179.285. The court will notify agencies of the sealing order. Nev. Rev. Stat. § 179.275. See section 179.295 for instances in which sealed records can be reopened. | The arrest records are destroyed or returned to the person, or to the attorney who represented such person at the time of the termination of the action or proceeding. The person is restored to pre-arrest status and need not disclose the arrest or prosecution, except in circumstances specifically authorized by statute or court. N.Y. Crim. Proc. Law § 160.60. | The conviction is deemed a nullity, and the person is restored to pre-arrest status. Records are marked as expunged and not released to anyone. Upon written request, the records can be destroyed. The person is not required to provide information related to the case, unless specifically required by statute or superior court order. N.Y. Crim. Proc. Law § § 1.20(45), 160.50(5)(b). | Records of the arrest and prosecution are sealed and made unavailable to any person or agency, except for specified entities. The state Division of Criminal Justice Services retains fingerprints, palm prints, photographs, or digital images of the same. N.Y. Crim. Proc. Law § 160.59. | All official records and papers, including judgments and orders of the court€š but not including public court decisions, opinions, records, and briefs on appeal relating to the arrest, prosecution, and probation service proceedings, including all duplicates or copies thereof, on file with the court, policy agency, probation service, and presentment agency will be sealed and not made available to any person or public or private agency. N.Y. Fam. Ct. Act § 375.1(1).The court shall enter an order sealing the appropriate records. N.Y. Fam. Ct. Act § 375.1 | All official records and papers, including judgments and orders of the court€š but not including public court decisions, opinions, records, and briefs on appeal relating to the arrest, prosecution, and probation service proceedings, including all duplicates or copies thereof, on file with the court, policy agency, probation service, and presentment agency will be sealed and not made available to any person or public or private agency. N.Y. Fam. Ct. Act § 375.1(1). | All official records and papers, with certain exceptions, will be sealed and not made available to any person or public or private agency. N.Y. Fam. Ct. Act § 375.1(1). Another court, in imposing sentence upon an adult after conviction, can receive and consider the records and information on file with the family court related to sealed matters. N.Y. Fam. Ct. Act § 381.2(2). | Photographs, palmprints, and fingerprints are destroyed or returned, with certain exceptions. The record of the criminal action will be sealed. N.Y. Crim. Proc. Law § § 60.50(1)(a)-(c). | The court can vacate the judgment and dismiss the accusatory instrument, and can take such additional action as is appropriate in the circumstances. N.Y. Crim. Proc. Law § 440.10(6). | There is no statutory language as to effect. | Records of arrest and prosecution are sealed and made unavailable to any person or agency, except for specified entities. The state Division of Criminal Justice Services retains fingerprints, palm prints, photographs, or digital images. Records are unsealed in the event of a subsequent arrest or charge. N.Y. Crim. Proc. Law § § 160.58(4)-(6), (8) | Photographs, palmprints, and fingerprints are destroyed or returned, with exceptions. The record of the criminal action will be sealed. N.Y. Crim. Proc. Law § § 160.50(1)(a)-(c). | Photographs, palmprints, and fingerprints are destroyed or returned, with exceptions. The record of the criminal action will be sealed. N.Y. Crim. Proc. Law § § 160.50(1)(a)-(c). | Upon determining that an eligible youth is a youthful offender, the court must direct that the conviction be deemed vacated and replaced by a youthful offender finding; and the court must sentence the defendant pursuant to section 60.02 of the penal law. N.Y. Crim. Proc. Law § 720.20(3). | The court shall enter an order sealing the appropriate records. N.Y. Fam. Ct. Act § 375.2(7) | The proceedings in the case are deemed not to have occurred. The person cannot be questioned about sealed records, and if the person is questioned, the person can reply that the arrest and proceedings did not occur. ORC Ann. 2953.33(B)(4). | The proceedings in the case are deemed not to have occurred. The person may not be questioned about sealed convictions, unless the question bears a direct and substantial relationship to the position for which the person is being considered. See ORC Ann. section 2953.32(D) for circumstances where record inspection is allowed. ORC Ann. § 2953.32 et seq. | The records sealed will not include fingerprints, DNA specimens, and DNA records. Ohio Rev. Code Ann. § 2151.356(B)(1)(2). The person who is subject of the sealing order properly can, and the court will, reply that no record exists with respect to the person upon any inquiry in the matter. For further information about the effect of sealing, see Ohio Rev. Code Ann. § 2151.357. | The records sealed will not include fingerprints, DNA specimens, and DNA records. Ohio Rev. Code Ann. § 2151.356(B)(1)(2). The person who is subject of the sealing order properly can, and the court will, reply that no record exists with respect to the person upon any inquiry in the matter. For further information about the effect of sealing, see Ohio Rev. Code Ann. § 2151.357. |
| Remedy | Seal | Seal | Seal | Vacate | Seal | Seal | Seal | Seal | Seal | Vacate | Expunge | Seal | Seal | Seal | Seal | Seal | Seal | Seal | Seal | Seal |
