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| West Virginia | West Virginia | West Virginia | Wisconsin | Wisconsin | Wisconsin | Wisconsin | Washington | Washington | Washington | Washington | Washington | Washington | Washington | Washington | Washington | Washington | Washington | Washington | Washington | |
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| Clearance policy overview | 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 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 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). | 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 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). | 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). | 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). | 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. | 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. | If a person convicted of violating RCW 69.50.4011(1)(b) or (c), 69.50.4013, 69.50.4014, or 69.41.030(2) (b) or (c) completes a substance use disorder program and files proof of completion with the court, or obtains an assessment from a recovery navigator program, an arrest and jail alternative program, or a law enforcement assisted diversion program, and has six months of substantial compliance with recommended treatment, the court must vacate the conviction or convictions. | Records relating to a case dismissed upon the successful completion of probation can be vacated by the court if the petitioner has met the equivalent of the tests in section 9.94A.640(2) as those tests would be applied to a person convicted of a crime before July 1, 1984. Wash. Rev. Code § 9.95.240. | Records relating to a case terminated upon the completion of a suspended sentence can be vacated by the court if the person has met the equivalent of the tests in section 9.94A.640(2) as those tests would be applied to a person convicted of a crime committed before July 1, 1984. Wash. Rev. Code § 9.92.066. | Records relating to a conviction for being a victim of sex trafficking, prostitution, or commercial sexual abuse of a minor; sexual assault; or domestic violence can be vacated by the court immediately, so long as the petitioner meets the specified criteria. Rev. Code Wash. (ARCW) §9.94A.640(3). | Records relating to a misdemeanor marijuana offense committed at age 21 or older are vacated upon application to the sentencing court. RCW § 9.96.060(5). | Records relating to a conviction for certain Class C felonies can be vacated after five years, so long as the petitioner meets the specified criteria. Wash. Rev. Code §§ 9.94A.640(1), (2), 9.94A.637. | Records relating to a conviction for a Class B felony can be vacated after 10 years, so long as the petitioner meets the specified criteria. Wash. Rev. Code §§ 9.94A.640(1), (2), 9.94A.637. | Records relating to a conviction relating to fishing activities that occurred prior to January 1, 1975, can be vacated by the court if the person convicted claims to have been exercising a treaty Indian fishing right. If the person is deceased, a family member or official representative of the tribe can file the petition. Wash. Rev. Code § 9.96.060(4). | Records relating to a conviction for a misdemeanor or gross misdemeanor relating to domestic violence can be vacated by the court five years after sentence completion, so long as the petitioner meets the specified criteria. Wash. Rev. Code § 9.96.060(2)(e). | Records relating to a conviction for a misdemeanor or gross misdemeanor can be vacated by the court three years after sentence completion, so long as the petitioner meets the specified criteria. Wash. Rev. Code § 9.96.060(1), (2). | Information relating to an arrest and charge can be deleted by the criminal justice agency three years after the arrest if no conviction has been obtained, so long as the defendant is not a fugitive and the case is not under active prosecution. Wash. Rev. Code § 10.97.060. |
| Ineligible Category or Citation | See W. Va. Code §61-11-26(c) for ineligible offenses. | Offenses not eligible for expungement, even upon receipt of a pardon, are listed in W. Va. Code §§ 5-1-16a(e). | Offenses not eligible for expungement are listed in W. Va. Code § 61-11-26(i). | There is no statutory language regarding ineligible offenses. | This section applies only to convictions under section 944.30. | Offenses not eligible for expungement are listed in Wis. Stat. § 973.015(1m)(a)(3). | 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 section applies only to violations under RCW 69.50.4011(1)(b) or (c), 69.50.4013, 69.50.4014, or 69.41.030(2) (b) or (c). | This provision does not apply to chapter 18.130. Wash. Rev. Code § 9.95.240(e). See section 9.94A.640(2) for offenses that are not eligible to be vacated. | See Wash. Rev. Code § 9.92.060. and 9.95.210 for offenses eligible for suspended sentence. See Wash. Rev. Code § 9.92.064(2). for offenses that are ineligible to be vacated. | Certain offenses are not eligible to be vacated. Rev. Code Wash. (ARCW) §9.94A.640 | There is no statutory language on ineligibility. | See section Rev. Code Wash. (ARCW) §9.94A.640(2) for offenses that are ineligible to be vacated. | See Wash. Rev. Code §§ 9.94A.640(2) for offenses that are ineligible to be vacated. | This section applies only to fishing activities. Wash. Rev. Code § 9.96.060(4). | This provision applies only to the misdemeanor or gross misdemeanor offenses described in Wash. Rev. Code § 9.96.060(2)(e). | See Wash. Rev. Code § 9.96.060(2) for offenses ineligible to be vacated. | There is no statutory language regarding ineligible offenses. |
| Clearance Process | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | 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 | Petition-based | Petition-based |
| Waiting Periods | 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 one year after receipt of pardon, so long as five years have passed since sentence completion. | The petition can be filed one year after sentence completion. | The record can be returned upon request. | The petition can be filed at any time. | The court can order the expungement at the time of sentencing. | There is a 1-year waiting period. | 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 6-month waiting period. | The petition can be filed after the period of probation has expired. | There is no statutory language regarding any waiting period. | There is no waiting period. | There is no waiting period. | The petition can be filed five years after release from community custody, release from confinement, or sentencing, whichever was latest. | The petition can be filed 10 years after release from community custody, release from confinement, or sentencing, whichever was latest. | There is no statutory language regarding any waiting period. | The petition can be filed five years after sentence completion. | The petition can be filed three years after sentence completion. | The request can be filed three years after the arrest, citation, or warrant if no conviction is obtained. |
| 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). | 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. | 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 fee. | There is no statutory language on fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no fee. | There is no fee. | There is no fee. | |
| Effect | 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). | 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). | 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). | 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). | 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 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 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 petitioner is released from all penalties and disabilities resulting from the offense. The petitioner can state that they have never been convicted of a crime for all purposes, including questions on employment or housing applications. State patrol and local law enforcement agencies can disseminate information on vacated convictions to other criminal justice agencies. The court records may remain available to the public after vacation. | A conviction that has been vacated under this section cannot be disseminated or disclosed by the state patrol or local law enforcement agency to any person, except other criminal justice enforcement agencies. Wash. Rev. Code § 9.95.240(2)(b). | A conviction that has been vacated under this section cannot be disseminated or disclosed by the state patrol or local law enforcement agency to any person, except other criminal justice enforcement agencies. Wash. Rev. Code § 9.92.066(2)(b). | Once the court vacates a record of conviction, the fact that the offender has been convicted of the offense shall not be included in the offender's criminal history for purposes of determining a sentence in any subsequent conviction, and the offender shall be released from all penalties and disabilities resulting from the offense. For all purposes, including responding to questions on employment applications, an offender whose conviction has been vacated may state that the offender has never been convicted of that crime. A conviction that has been vacated under this section may not be disseminated or disclosed by the state patrol or local law enforcement agency to any person, except other criminal justice enforcement agencies. Rev. Code Wash. (ARCW) §9.94A.640(4). | The petitioner is released from all penalties and disabilities resulting from the offense. The petitioner may state that he or she has never been convicted of a crime for all purposes, including questions on employment or housing applications. State patrol and local law enforcement agencies may disseminate information on vacated convictions to other criminal justice agencies. RCW § 9.96.060. | The petitioner is released from all penalties and disabilities resulting from the offense. The petitioner can state that they have never been convicted of the crime for all purposes, including questions on employment applications. State patrol and local law enforcement agencies can disseminate information on vacated convictions to other criminal justice agencies. Wash. Rev. Code § 9.94.640. Court records may remain available to the public after vacation. Please consult a legal professional for more information. | The petitioner is released from all penalties and disabilities resulting from the offense. The petitioner can state that they have never been convicted of a crime for all purposes, including questions on employment or housing applications. State patrol and local law enforcement agencies can disseminate information on vacated convictions to other criminal justice agencies. Wash. Rev. Code § 9.94A.640. Court records may remain available to the public after vacation. Please consult a legal professional for more information. | The petitioner is released from all penalties and disabilities resulting from the offense. The petitioner can state that they have never been convicted of a crime for all purposes, including questions on employment or housing applications. State patrol and local law enforcement agencies can disseminate information on vacated convictions to other criminal justice agencies. Wash. Rev. Code §§ 9.96.060(5), (7). Court records may remain available to the public after vacation. Please consult a legal professional for more information. | The petitioner is released from all penalties and disabilities resulting from the offense. The petitioner can state that they have never been convicted of a crime for all purposes, including questions on employment or housing applications. State patrol and local law enforcement agencies can disseminate information on vacated convictions to other criminal justice agencies. Wash. Rev. Code § 9.96.060(5), (6). Court records may remain available to the public after vacation. Please consult a legal professional for more information. | The petitioner is released from all penalties and disabilities resulting from the offense. The petitioner can state that they have never been convicted of a crime for all purposes, including questions on employment or housing applications. State patrol and local law enforcement agencies can disseminate information on vacated convictions to other criminal justice agencies. Wash. Rev. Code § 9.96.060(5), (6). The court records may remain available to the public after vacation. Please consult a legal professional for more information. | 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. |
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