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| West Virginia | West Virginia | West Virginia | West Virginia | West Virginia | Wyoming | Wyoming | Wyoming | Wyoming | Wyoming | Wyoming | Wyoming | Wyoming | Wyoming | Wyoming | Wyoming | Wyoming | Wyoming | Wyoming | Wyoming | |
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| Clearance policy overview | Records relating to a case that is dismissed pursuant to section 60-6-26 can be expunged by the court six months after probation is completed. W. Va. Code § 60-6-26(e). | Records relating to a case that is dismissed pursuant to 60A-4-407 can be expunged by the court six months after probation completion. W. Va. Code § 60A-4-407(b). | Records relating to single misdemeanor conviction can be expunged by the court upon successful compliance with an approved substance abuse treatment and recovery and counseling program for 90 days or upon completion of an approved job readiness adult training course, or both. W. Va. Code § 61-11-26a. | Fingerprints and photographs taken in response to an arrest or detention for which the petitioner is later acquitted can be returned upon request, so long as the petitioner has no prior criminal record. W. Va. Code § 15-2-24(h). | Records relating to an arrest or charge resulting in acquittal or dismissal can be expunged by the court 60 days after the order of acquittal or dismissal, so long as petitioner has no prior criminal record. W. Va. Code § 61-11-25(a), (b). | The record of a minor convicted of a violation of a municipal ordinance may be expunged. Wyo. Stat. § 14-6-241(b). | Records relating to an arrest or charge can be expunged by the court 180 days after the date of the arrest or the date the charge was dismissed, so long as no conviction resulted. Wyo. Stat. § 7-13-1401(a). | Records relating to a matter that ended with a declined prosecution, dismissal, or acquittal 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(e). | 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). | 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 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 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 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 the proceedings of charges that were not adjudicated shall be sealed. Wyo. Stat. § 14-6-239. | 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). | 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 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 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 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. | 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). |
| 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. | There is no statutory language regarding ineligible offenses. | A person with a prior felony conviction is ineligible to petition for expungement under this section. This section does not apply if charges were dismissed in exchange for a guilty plea to another offense. W. Va. Code § 61-11-25(a), (b). | Violent felonies as defined by section 6-1-104(a)(xii) may not be expunged. 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) | Charges that result in deferred adjudication pursuant to section 7-13-301, 35-7-1037, or former 7-13-201, are ineligible for expungement. Wyo. Stat. §7-13-1401(a)(i). | Violent felonies as defined by section 6-1-104(a)(xii) may not be expunged. https://wyoleg.gov/NXT/gateway.dll?f=templates&fn=default.htm A person is not eligible for expungement if the person has a subsequent felony conviction or a pending felony charge. https://wyoleg.gov/NXT/gateway.dll?f=templates&fn=default.htm | 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). | Misdemeanors that involved the use or attempted use of a firearm are ineligible for expungement. Wyo. Stat. § 7-13-1501(a)(iii). | See Wyo. Stat. §§ 7-13-1502(a)(iii)-(iv) for a listing of ineligible offenses. | 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. | 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). | See Wyo. Stat. § 14-6-440. | No discussion of ineligible offenses. | No discussion of ineligible offenses. | There is no statutory language regarding ineligible offenses. |
| Clearance Process | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Automatic | Petition-based | Petition-based | Petition-based | Automatic | Automatic | Automatic |
| Waiting Periods | The petition can be filed six months after probation is completed. | The petition can be filed six months after probation is completed. | There is a 90-day waiting period. | There is no statutory language regarding a waiting period. | The petition can be filed 60 days after acquittal or dismissal. | There is no waiting period. | The petition can be filed 180 days after the date of the arrest or the date the charge was dismissed. | 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 petition can be filed five years after sentence completion. | The petition can be filed one year after sentence completion. | The petition can be filed 10 years after sentence completion. | The petition can be filed at any time a conviction is entered. | 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 records shall be sealed upon completion of the proceedings. Wyo. Stat. § 14-6-239(a). | 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). | There is no waiting period. | There is no statutory language regarding waiting periods. | There is a 6-month waiting period. | There is a 6-month waiting period. | The record is deleted when the juvenile turns 18. Wyo. Stat. §§ 14-6-241(a), 14-1-101(a). |
| Fees | There is no statutory language regarding fees. | There is no statutory language regarding fees. | 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. | There are no filing fee or costs. W. Va. Code § 61-11-25. | There are no fees. | There are no fees. Wyo. Stat. § 7-13-1401(e). | There are no fees. | There is a $100 filing fee. Wyo. Stat. § 7-13-1501(b). | There is a $100 filing fee. Wyo. Stat. § 7-13-1501(b). | There is a $300 filing fee. Wyo. Stat. § 7-13-1502(b). | There is no statutory language regarding fees. | There are no 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. |
| Effect | Discharge and dismissal under this section is not a conviction, and the discharge and dismissal restores the person to the status he or she occupied prior to the arrest and trial. The person whose offense was dismissed cannot be found guilty of perjury for failing to disclose or acknowledge his or her arrest in response to any inquiry. W. Va. Code § 60-6-26(c). | Discharge and dismissal under this section is not a conviction and the effect of the discharge and dismissal is to restore the person to the status he or she occupied prior to the arrest and trial. The person whose offense was dismissed cannot be found guilty of perjury for failing to disclose or acknowledge his or her arrest in response to any inquiry made for any purpose. W. Va. Code § 60A-4-407(a). | 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. | Fingerprints and photographs returned to the person. W. Va. Code § 15-2-24(h). | The proceedings are deemed never to have occurred. The court and other agencies shall reply that no record exists in the matter. The petitioner need not disclose the fact of the record on an application for employment, credit, or other type of application. W. Va. Code § 61-11-25(e). Inspection of the court records can be permitted upon motion. W. Va. § 61-11-25(f). | "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 petitioner can respond to any inquiry as if the arrest, charge, or charges did not occur, unless otherwise provided by law. Wyo. Stat. § 7-13-1401(f). The court file is placed under seal and can only be inspected by court order. Wyo. Stat. § 7-13-1401(d). 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 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 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). | The conviction is vacated. Wyo. Stat. § 6-2-708(c). | 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 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. | "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 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). | There is no statutory language regarding effect. |
| Remedy | Expunge | Expunge | Expunge | Return | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Vacate | Expunge | Seal | Expunge | Expunge | Expunge | Expunge | Expunge | Delete |
