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- Group: Adult, Juvenile
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| Wyoming | California | California | California | California | California | California | California | |
|---|---|---|---|---|---|---|---|---|
| Clearance policy overview | 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 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a conviction for loitering with intent to commit prostitution pursuant to former Cal Pen Code § 653.22, which has been repealed, shall be sealed if the applicant satisfies certain criteria.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 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 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 relating to misdemeanor convictions shall be dismissed. Cal Pen Code § 1203.425(a)(1)(B)(iv). |
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 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 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). |
| Ineligible Category or Citation | There is no statutory language regarding ineligible offenses. |
This section applies only to a conviction of violating former Section 653.22. Cal Pen Code § 653.29(b). |
Only the types of convictions listed in subsection (a) are eligible for vacation. Cal. Pen. Code § 236.14(a). |
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). |
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). |
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). |
No statutory language regarding ineligible offenses. |
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| Clearance Process | Automatic | Petition-based | Petition-based | Automatic | Automatic | Petition-based | Automatic | Automatic |
| Waiting Periods | The records are destroyed if the matter does not result in adjudication. |
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. |
| 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 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. |
| Effect | 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). |
The court shall seal the conviction as legally invalid. Cal Pen Code § 653.29(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 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 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). |
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 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). |
| Remedy | Expunge | Seal | Vacate | Dismiss | Dismiss | Vacate | Seal | Seal |
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