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| Washington | Washington | Wisconsin | Wisconsin | Wisconsin | Wisconsin | Wisconsin | Wisconsin | Wisconsin | West Virginia | West Virginia | West Virginia | West Virginia | West Virginia | West Virginia | West Virginia | West Virginia | West Virginia | West Virginia | West Virginia | |
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| Clearance policy overview | Information relating to an arrest and charge will be deleted by the criminal justice agency two years after the entry of a disposition favorable to the defendant, so long as the person has no prior felony or gross misdemeanor conviction and no pending charges. Wash. Rev. Code §§ 10.97.060, 10.97.030. | Information relating to an arrest and charge can be deleted by the criminal justice agency two years after the entry of a disposition favorable to the defendant. Wash. Rev. Code §§ 10.97.060, 10.97.030. | DNA records that have been entered into law enforcement data banks under Wis. Stat. § 165.84(7) may be expunged if one of the following conditions is met: 1) the charges for which the person was required to provide the sample have been dismissed; 2) the court has reached final disposition on the charges that produced the sample and the person has not been convicted of any violent crimes as defined by Wis. Stat. § 165.84; 3) at least one year has passed and the person has not yet been charged with a violent crime in connection with the arrest that produced the sample; 4) the person was found guilty of a violent crime and the conviction has since been reversed, set aside, or vacated. Wis. Stat. § 165.77(4)(am)(2). | At the time of sentencing, the court can order that the record be expunged upon sentence completion if the maximum sentence for the offense is imprisonment for six years or less and the defendant was under the age of 25 at the time of the offense. Wis. Stat. § 973.015(1m)(a)(1). | Records relating to a prostitution conviction can be expunged by the court if the conviction was obtained as a result of the petitioner having been a victim of human trafficking for the purposes of a commercial sex act. Wis. Stat. § 973.015(2m). | A record relating to an adjudication of delinquency can be expunged after the juvenile turns 17, so long as the court has determined that the juvenile has satisfactorily complied with the conditions of his or her dispositional order and that he or she will benefit from, and society will not be harmed by, the expungement. Wis. Stat. § 938.355(4m)(a). | A record relating to a first adjudication for offenses related to invasion of privacy under Wis. Stat. § 942.08 can be expunged if the court determines that the juvenile has satisfactorily complied with the conditions of the dispositional order. Wis. Stat. § 938.355(4m)(b). | A record relating to a prostitution adjudication can be expunged if the person was a victim of human trafficking for the purposes of a commercial sex act and if the court determines that the person will benefit and society will not be harmed by the expungement. Wis. Stat. § 973.015(2m). | Any fingerprint record taken in connection with an arrest that did not result in a charge, or which was cleared through court proceedings, can be removed from law enforcement records upon request. Wis. Stat. § 165.84(1). | Records relating to a misdemeanor conviction or convictions arising from the same transaction committed while the petitioner was between the ages of 18 and 26 can be expunged by the court one year after sentence completion, so long as the petitioner meets specified criteria. W. Va. Code § 61-11-26(a), (b). | Records relating to a juvenile delinquency proceeding will be sealed one year after the juvenile's 18th birthday or one year after personal or juvenile jurisdiction of the court is terminated, whichever is later. W. Va. Rules of Juv. Proc., Rule 50(a). W. Va. Code § 49-5-101(a). | Records relating to a juvenile proceeding transferred to criminal jurisdiction shall be sealed if the juvenile is subsequently acquitted of the offense, found guilty only of an offense other than the offense upon which the transfer or waiver was based, or the offense upon which the transfer or waiver was based was subsequently dismissed. W. Va. Rules of Juv. Proc., Rule 50(b). | Records relating to a juvenile delinquency can be expunged upon a finding that the individual's participation in the offense was a direct result of being a victim of trafficking. W. Va. Code § 61-14-9(a). | Records relating to a juvenile delinquency proceeding will be sealed one year after the juvenile's 18th birthday or one year after personal or juvenile jurisdiction of the court is terminated, whichever is later. W. Va. Code § 49-5-104(a). | Records relating to an offense for which the petitioner received a full and unconditional pardon from the governor can be expunged by the court no sooner than five years after sentence completion and one year after receipt of the pardon. W. Va. Code §§ 5-1-16a(a), (c), (d). | Records relating to a non-violent felony conviction can be expunged by the court after five years. W. Va. Code §61-11-26. | Records relating to multiple misdemeanor convictions can be expunged by the court after two years. W. Va. Code §61-11-26. | Records relating to one misdemeanor conviction can be expunged by the court after one year. W. Va. Code §61-11-26. | Records relating to multiple misdemeanor convictions can be expunged by the court after one year. W. Va. Code § 61-11-26a (a)(2). Records relating to nonviolent felony convictions can be expunged by the court after three years. W. Va. Code § 61-11-26a(a)(3). | Records relating to commercial motor vehicle traffic control violations or convictions for driving under the influence of alcohol or controlled substances cannot be expunged. W. Va. Code § 61-11-26b. |
| 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. | Offenses not eligible for expungement are listed in Wis. Stat. § 973.015(1m)(a)(3). | This section applies only to convictions under section 944.30. | There is no statutory language regarding ineligible offenses. | This section applies only to adjudications under Wis. Stat. § 942.08. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | Offenses not eligible for expungement are listed in W. Va. Code § 61-11-26(i). | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | The records of a juvenile convicted under the criminal jurisdiction of the circuit court pursuant to §49-4-710(d)(1) of this code may not be marked and kept as confidential. | Offenses not eligible for expungement, even upon receipt of a pardon, are listed in W. Va. Code §§ 5-1-16a(e). | See W. Va. Code §61-11-26(c) for ineligible offenses. | See W. Va. Code §61-11-26(c) for ineligible offenses. | See W. Va. Code §61-11-26(c) for ineligible offenses. | There is no statutory language regarding ineligible offenses. | Offenses not eligible for expungement are listed in W. Va. Code § 61-11-26b. |
| Clearance Process | Petition-based | Petition-based | Petition-based | Automatic | Petition-based | Petition-based | Automatic | Petition-based | Petition-based | Petition-based | Automatic | Automatic | Petition-based | Automatic | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Automatic |
| Waiting Periods | The request can be filed two years after the record becomes non-conviction data as a result of a disposition favorable to the defendant. | The request can be filed two years after the record becomes non-conviction data as a result of a disposition favorable to the defendant. | There is a 1-year waiting period. | The court can order the expungement at the time of sentencing. | The petition can be filed at any time. | The petition can be filed after the juvenile turns 17 years old. | The record can be expunged immediately upon satisfactory completion of the conditions of the dispositional order. | The petition can be filed any time after the adjudication. | The record can be returned upon request. | The petition can be filed one year after sentence completion. | The record should be sealed one year after the juvenile's 18th birthday or one year after jurisdiction is terminated, whichever is later. W. Va. Code Ann. § 49-5-104(a); W. Va. Rules of Juv. Proc., Rule 50(a). | The record should be sealed immediately upon acquittal of the offense, finding of guilt only of an offense other than the offense upon which the transfer or waiver was based, or upon dismissal of the offense upon which the transfer or waiver was based. W. Va. Rules of Juv. Proc., Rule 50(b); W. Va. Code Ann. § 49-5-104(b). | There is no waiting period. | There is a 1-year waiting period. | The petition can be filed one year after receipt of pardon, so long as five years have passed since sentence completion. | The petition can be filed five years after conviction, completion of any sentence of incarceration, or completion of any period of supervision, whichever is latest. W. Va. Code §61-11-26(b)(3). | The petition can be filed two years after conviction, completion of any sentence of incarceration, or completion of any period of supervision, whichever is latest. W. Va. Code §61-11-26(b)(3). | The petition can be filed one year after conviction, completion of any sentence of incarceration, or completion of any period of supervision, whichever is latest. W. Va. Code §61-11-26(b)(3). | There is a 1- to 3-year waiting period. | There is no statutory language regarding waiting periods. |
| 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 clerk of the circuit court shall charge the same fee as is charged for instituting a civil action pursuant to section 59-1-11(a)(1). W. Va. Code § 61-11-26(a). | 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 must pay the $200 filing fee set by §59-1-11(a)(1), as well as an additional fee of $100. W.Va. Code §61-11-26(n). | The petitioner must pay the $200 filing fee set by §59-1-11(a)(1), as well as an additional fee of $100. W.Va. Code §61-11-26(n). | The petitioner must pay the $200 filing fee set by §59-1-11(a)(1), as well as an additional fee of $100. W.Va. Code §61-11-26(n). | The fee of $100 to the records division of the West Virginia State Police for the cost of processing the order of expungement required in §61-11-26(n) of this code is waived for petitions of expungement filed pursuant to the provisions of this section. | There is no statutory language regarding fees. |
| Effect | The criminal history data is deleted from criminal justice agency files which are available and generally searched for the purpose of responding to inquiries. Wash. Rev. Code § 10.97.060. | The criminal history data is deleted from criminal justice agency files which are available and generally searched for the purpose of responding to inquiries. Wash. Rev. Code § 10.97.060. | The laboratories will remove all records and identifiable information in the data bank pertaining to the person and destroy all samples from the person. Wis. Stat. § 165.77(4)(bm). | The records expunged by the court are not removed from the state criminal history repository. The conviction is not vacated or set aside. Section 973.015(1m) does not apply to records maintained by the Department of Transportation pursuant to section 343.23(2)(a). Wis. Stat. § 973.015(1m)(a)(1). | The records expunged by the court are not removed from the state criminal history repository. The conviction is not vacated or set aside. Section 973.015(1m) does not apply to records maintained by the Department of Transportation pursuant to section 343.23(2)(a). Wis. Stat. § 973.015(1m)(a)(1). | The record is sealed and destroyed. WI SCR 72.06. | The record is sealed and destroyed. WI SCR 72.06. | The court can vacate the adjudication and expunge the record, which means that the record is sealed and destroyed. Wis. Stat. § 973.015(2m); WI SCR 72.06. | The fingerprint record and arrest information will no longer appear on the Wisconsin Department of Justice's criminal history record reports. Wis. Stat. § 165.84(1). | Upon expungement, the proceedings in the matter are deemed never to have occurred. The court and other agencies reply to any inquiry that no record exists. The person whose record was expunged need not disclose the fact of the record on an application for employment, credit, or other application. W. Va. Code § 61-11-26(k). If the court grants the petition, it must order the sealing of all records in the court's custody and expungement of all records in the custody of any other agency. W. Va. Code § 61-11-26(j). Inspection of the court records can be permitted upon motion. W. Va. Code § 61-11-26(l). | Upon order to seal, the records of a juvenile proceeding, including but not limited to law enforcement files and records, will be kept in a separate secure confidential place and the records can only be inspected by order of the circuit court. W. Va. Code Ann. § 49-5-104(a). When the record of a juvenile proceeding is sealed by the court, it has the legal effect of extinguishing the offense as if it never occurred. W. Va. Rules of Juv. Proc., Rule 50(c). | When the record of a juvenile proceeding is sealed by the court, it has the legal effect of extinguishing the offense as if it never occurred. Once the record of a juvenile is sealed, it can only be opened by order of the circuit court. W. Va. Rules of Juv. Proc., Rule 50(c). To seal juvenile records, the records must be returned to the circuit clerk to be kept in a confidential and sealed file, marked as sealed, and stored in a secure location accessible only by clerk staff. W. Va. Rules of Juv. Proc., Rule 50(d). | The court orders the sealing of records in the custody of the court and expungement of records in the custody of any other agency or official, including law-enforcement records. W. Va. Code §61-11-26. | Marking the juvenile records to show they are to remain confidential has the legal effect of extinguishing the offense as if it never occurred. W. Va. Code § 49-5-104(a). | Records expunged pursuant to this section cannot be considered in application to any educational institution in the state or an application for an occupational license in the state. W. Va. Code § 5-1-16a(b). | The court orders the sealing of records in the custody of the court and expungement of records in the custody of any other agency or official, including law-enforcement records. W. Va. Code §61-11-26(k). The person need not disclose the conviction unless applying for employment in law enforcement. In addition, anyone required by law to conduct a criminal history check may have knowledge of the expunged record, and a prosecutor may inspect the record, upon motion, if necessary to investigate or prosecute a crime. W. Va. Code §61-11-26(l), (m). | The court orders the sealing of records in the custody of the court and expungement of records in the custody of any other agency or official, including law-enforcement records. W. Va. Code §61-11-26(k). The person need not disclose the conviction unless applying for employment in law enforcement. In addition, anyone required by law to conduct a criminal history check may have knowledge of the expunged record, and a prosecutor may inspect the record, upon motion, if necessary to investigate or prosecute a crime. W. Va. Code §61-11-26(l), (m). | The court orders the sealing of records in the custody of the court and expungement of records in the custody of any other agency or official, including law-enforcement records. W. Va. Code §61-11-26(k). The person need not disclose the conviction unless applying for employment in law enforcement. In addition, anyone required by law to conduct a criminal history check may have knowledge of the expunged record, and a prosecutor may inspect the record, upon motion, if necessary to investigate or prosecute a crime. W. Va. Code §61-11-26(l), (m). | The court orders the sealing of records in the custody of the court and expungement of records in the custody of any other agency or official, including law-enforcement records. W. Va. Code §61-11-26. | No court or other tribunal may enter an order or take any other action related to a motor vehicle traffic control offense that violates any applicable federal law or regulation. W. Va. Code § 61-11-26b(b). |
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