Jurisdiction
Record Type
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- Group: Adult
- (-) Adult
| California | California | California | California | California | California | Wyoming | Wyoming | Wyoming | Wyoming | Wyoming | 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 |
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a conviction for loitering with intent to commit prostitution pursuant to former Cal Pen Code § 653.22, which has been repealed, shall be sealed if the applicant satisfies certain criteria.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 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). | 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 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). | 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 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. | 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 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 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. | 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 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 two years. W. Va. Code §61-11-26. |
| Ineligible Category or Citation |
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. | 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). | 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). | 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). | 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. | Offenses not eligible for expungement are listed in W. Va. Code § 61-11-26b. | There is no statutory language regarding ineligible offenses. | See W. Va. Code §61-11-26(c) for ineligible offenses. | See W. Va. Code §61-11-26(c) for ineligible offenses. | |
| Clearance Process | Automatic | Petition-based | Automatic | Automatic | 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 |
| 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. |
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. | The petition can be filed 180 days after the date of the arrest or the date the charge was dismissed. | The petition can be filed 60 days after acquittal or dismissal. | There is no statutory language regarding a waiting period. | There is a 90-day waiting period. | The petition can be filed six months after probation is completed. | The petition can be filed six months after probation is completed. | There is no statutory language regarding waiting periods. | There is a 1- to 3-year waiting period. | 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). | 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). |
| 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 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). | There are no fees. Wyo. Stat. § 7-13-1401(e). | There are no filing fee or costs. W. Va. Code § 61-11-25. | 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 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. | 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). |
| Effect |
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 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). | 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). | 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). | Fingerprints and photographs returned to the person. W. Va. Code § 15-2-24(h). | 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. | 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). | 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). | 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). | 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. | 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). |
| Remedy | Seal | Vacate | Dismiss | Dismiss | Vacate | Seal | Vacate | Expunge | Expunge | Expunge | Expunge | Expunge | Return | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge |
