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| Nevada | Nevada | Nevada | Nevada | New York | New York | New York | New York | New York | New York | New York | New York | Ohio | Ohio | Ohio | Ohio | Ohio | Ohio | Ohio | Ohio | |
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| Clearance policy overview | Records relating to an offense dismissed upon the successful completion of a treatment program for persons who solicit prostitution can be sealed by the court. Nev. Rev. Stat. § 201.354(8). | Records relating to a case that is discharged and dismissed following the successful completion of a pre-prosecution diversion program will be sealed by the court. Nev. Rev. Stat. Ann. § 174.034. | Records relating to a criminal case can be sealed any time following dismissal of the charges or an acquittal. Nev. Rev. Stat. § 179.255(1)(a), (c). | Records relating to a criminal case in which charges were declined for prosecution can be sealed pursuant to a stipulation between the parties, or after the applicable statute of limitations has run, or eight years after the arrest. Nev. Rev. Stat. § 179.255(1)(b). | Records of the court proceeding are sealed, and records of the arrest are destroyed or returned when no charges are filed or a case terminates in the person's favor. N.Y. Crim. Proc. Law § 160.50. | Records relating to convictions for marijuana possession under sections 221.05 and 221.10 are vacated and expunged immediately. N.Y. Crim. Proc. Law § 160.50(5). | Records of one or two eligible convictions, only one of which may be a felony, can be sealed by the court 10 years after conviction or release from incarceration, if applicable. N.Y. Crim. Proc. Law § 160.59. | Records of a criminal proceeding resulting in a conviction for a traffic infraction or a violation can be sealed by the court unless the court directed that the records not be sealed in the interests of justice. N.Y. Crim. Proc. Law § 160.55(1). | Records of convictions as a result of having been a victim of sex trafficking, labor trafficking, aggravated labor trafficking, compelling prostitution, or trafficking of persons may be vacated by the court. N.Y. Crim. Proc. Law § 440.10(1)(i). | Records relating to specified controlled substance convictions can be conditionally sealed by the court upon the successful completion of drug treatment. N.Y. Crim. Proc. Law § 160.58(1). | Records of an arrest resulting in a waiver of a hearing pursuant to section 1192(10)(c) of the vehicle and traffic law or section 49-b of the navigation law will be sealed when the person reaches the age of 21 or three years from the date of the offense, whichever is the greater period of time. N.Y. Crim. Proc. Law § 160.55(5)(a). | Records of an arrest for violations of section 1192-a or 1194-a of the vehicle and traffic law or section 49-b of the navigation law that are resolved in favor of a defendant who is under the age of 21 will be sealed no later than three years from the date of the offense or when the person reaches the age of 21, whichever is the greater period of time. N.Y. Crim. Proc. Law § 160.55(5)(b). | Records relating to a criminal charge can be sealed two years after a grand jury reports no true bill. ORC Ann. 2953.33(A). | Records relating to a felony of the fourth or fifth degree or a misdemeanor can be sealed by the court. ORC Ann. §§ 2953.32, 2953.31. | Records relating to a felony conviction may be sealed three years after the person's final discharge, so long as the person has no more than one felony conviction. The court may determine that two or three convictions resulting from criminal acts that were committed within a three-month period should be counted as one conviction. Ohio Rev. Code Ann. §§ 2953.32, 2953.31. | Records relating to a misdemeanor conviction may be sealed one year after the person's final discharge. The court may determine that two or three convictions resulting from criminal acts that were committed within a three-month period should be counted as one conviction. Ohio Rev. Code Ann. §§ 2953.32, 2953.31. See section 2953.31 for the definition of "eligible offender" and section 2953.36 for offenses ineligible for clearance. | Records relating to a felony of the third degree can be sealed by the court. ORC Ann. §§ 2953.32, 2953.31. | Records relating to a case in which a court enters a judgment that vacates and sets aside the conviction of a person because of DNA testing that was performed under sections 2953.71 to 2953.81 of the Revised Code can be sealed by the court. ORC Ann. 2953.57(A). | Records relating to a case dismissed upon the successful completion of intervention in lieu of conviction can be sealed by the court. Ohio Rev. Code Ann. § 2951.041(E). | Records relating to a criminal charge can be sealed upon the dismissal or a finding of not guilty. ORC Ann. 2953.33(A). |
| Ineligible Category or Citation | This provision applies only to solicitation of prostitution offenses under sections 4.373 and 5.055. | See Nev. Rev. Stat. Ann. § 174.034. for offenses eligible for preprosecution diversion. | 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 policy applies only to convictions under Penal Law sections 221.05 and 221.10. | Sealing is unavailable under § 160.59(3) when: (a) an individual is required to register as a sex offender;(b) an individual has previously obtained sealing of the maximum number of convictions allowable under 160.58; (c) an individual has previously obtained sealing of the maximum number of convictions allowable under 160.59(4);(d) the waiting period has not yet been satisfied; (e) the individual has an undisposed arrest or charge pending;(f) the individual was convicted of any crime after the date of the entry of judgment of the last conviction for which sealing is sought;(g) the individual has failed to provide the court with required sworn statement of the reasons why the court should grant the relief sought; and(h) the individual has been convicted of two or more felonies or more than two crimes. Class A felonies, violent felonies, and most sex offenses are ineligible for sealing. N.Y. Crim. Proc. Law § 160.59(1)(a). | Convictions for loitering as described in section 160.10(d) or (3) or operating a motor vehicle while ability impaired as described in section 1192 of the vehicle and traffic law are ineligible for sealing. N.Y. Crim. Proc. Law § 160.55(1). | This provision applies only if the judgment is a conviction where the individual's participation in the offense was a result of having been a victim of sex trafficking or labor trafficking, compelling prostitution, or Trafficking Victims Protection Act (United States Code, title 22, chapter 78). § 440.10(1)(i). | This statute applies only to offenses specified in articles 220 or 221 of the penal law or section 410.91(5) of the criminal procedure law. If the court conditionally seals the record following the judicially sanctioned drug treatment program, it may also conditionally seal records for no more than three of the defendant's prior eligible misdemeanors, as defined in articles 220 or 221 of the penal law. N.Y. Crim. Proc. Law § 160.58(1), (2). | This provision applies only to violations of section 1192 of the vehicle and traffic law and section 49-b of the navigation law. N.Y. Crim. Proc. Law § 160.55(5)(a). | This provision applies only to violations of sections 1192-a or 1194-aof the vehicle and traffic law, and section 49-b of the navigation law that occur when a person is under the age of 21. N.Y. Crim. Proc. Law § 160.55(5)(b). | There is no statutory language regarding ineligible offenses. | See section 2953.43 for offenses ineligible for clearance. | See section 2953.31 for the definition of "eligible offender" and section 2953.61 for offenses ineligible for clearance. | See section 2953.31 for the definition of "eligible offender" and section 2953.36 for offenses ineligible for clearance. | See ORC Ann. § 2953.32 for offenses ineligible for clearance. | Only cases in which DNA testing was performed under sections 2953.71 to 2953.81 of the Revised Code are eligible for clearance. ORC Ann. 2953.57(A). | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. |
| Clearance Process | Automatic | Automatic | Petition-based | Petition-based | Automatic | Automatic | Petition-based | Automatic | Petition-based | By petition or court's own motion | Automatic | Automatic | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Automatic | Petition-based | Petition-based |
| Waiting Periods | There is no statutory language regarding a waiting period. | There is no statutory language regarding a waiting period. | The petition can be filed at any time following dismissal of the charges or an acquittal. | The petition can be filed upon stipulation between the parties, after the applicable statute of limitations has run, or eight years after the arrest. | The records are returned upon disposition in favor of the defendant, unless the district attorney or the court gives the defendant at least five days notice. N.Y. Crim. Proc. Law § 160.50(1). | There is no waiting period. | The petition can be filed 10 years after the conviction or release from incarceration. | The records are sealed upon conviction for a noncriminal offense, unless the district attorney or the court gives at least five days notice to the defendant. N.Y. Crim. Proc. Law § 160.55(1). | The motion should be made with due diligence after the petitioner has ceased to be a victim of trafficking or compelled prostitution or has sought services, subject to reasonable safety concerns. N.Y. Crim. Proc. Law § 440.10(1)(i)(i). | The petition can be filed upon completion of drug treatment. | The record is sealed when the person reaches age 21 or three years from the date of the offense, whichever is the greater period of time. | The record is sealed when the person reaches age 21 or three years from the date of the offense, whichever is the greater period of time. | The petition can be filed two years after the date on which the grand jury reports a no bill. | The petition may be filed one year after final discharge. | The petition can be filed three years after the final discharge. Ohio Rev. Code Ann. § 2953.32(A)(1). | The petition can be filed one year after final discharge. Ohio Rev. Code Ann. § 2953.32(A)(1). | The petition may be filed three years after final discharge. | There is no waiting period. | There is no statutory language regarding any waiting period. | The petition can be filed at any time after the finding of not guilty or the dismissal. |
| Fees | There is no statutory language regarding a fee for sealing. Fines are assessed for the offense. Nev. Rev. Stat. § 201.354(3). | There is no statutory language regarding fees for sealing. Costs are assessed for the preprosecution diversion program. AB470, Section (6), Laws of 2017. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There are no 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 petitioner shall pay $50, unless indigent. ORC Ann.§ 2953.32(C)(3). | The petitioner must pay $50, unless indigent. ORC Ann. 2953.32. | The petitioner must pay $50, unless indigent. ORC Ann. 2953.32. | The petitioner shall pay $50, unless indigent. ORC Ann.§ 2953.32(C)(3). | There is no statutory language on fees. | The petitioner must pay $50, unless indigent. ORC Ann. 2953.32. | There is no statutory language regarding fees. |
| Effect | Discharge and dismissal occurs without an adjudication of guilt and is not a conviction for purposes of employment, civil rights, or any statute, regulation, license, or questionnaire or for any other public or private purpose, but is a conviction for the purpose of additional penalties imposed for a second or subsequent conviction. Professional licensing boards can inspect the sealed record. Nev. Rev. Stat. § 201.354 (9), (10). | Discharge and dismissal occurs without an adjudication of guilt and is not a conviction for purposes of employment, civil rights, or any statute, regulation, license, or questionnaire or for any other public or private purpose. Nev. Rev. Stat. § 201.354(7), (9). | The court can order the sealing all records of the arrest and of the proceedings which are in the custody of any agency of criminal justice or any public or private company, agency, official, or other custodian. Nev. Rev. Stat. § 179.255(7). All proceedings are deemed never to have occurred and the person can answer accordingly to any inquiry, with exceptions listed in section 179.301. Nev. Rev. Stat. § 179.285. The court will notify agencies of the sealing order. Nev. Rev. Stat. § 179.275. See section 179.295 for instances in which sealed records can be reopened. | The court can order the sealing of all records of the arrest and of the proceedings which are in the custody of any agency of criminal justice or any public or private company, agency, official, or other custodian. Nev. Rev. Stat. § 179.255(7). All proceedings are deemed never to have occurred and the person can answer accordingly to any inquiry, with exceptions listed in section 179.301. Nev. Rev. Stat. § 179.285. The court will notify agencies of the sealing order. Nev. Rev. Stat. § 179.275. See section 179.295 for instances in which sealed records can be reopened. | The arrest records are destroyed or returned to the person, or to the attorney who represented such person at the time of the termination of the action or proceeding. The person is restored to pre-arrest status and need not disclose the arrest or prosecution, except in circumstances specifically authorized by statute or court. N.Y. Crim. Proc. Law § 160.60. | The conviction is deemed a nullity, and the person is restored to pre-arrest status. Records are marked as expunged and not released to anyone. Upon written request, the records can be destroyed. The person is not required to provide information related to the case, unless specifically required by statute or superior court order. N.Y. Crim. Proc. Law § § 1.20(45), 160.50(5)(b). | Records of the arrest and prosecution are sealed and made unavailable to any person or agency, except for specified entities. The state Division of Criminal Justice Services retains fingerprints, palm prints, photographs, or digital images of the same. N.Y. Crim. Proc. Law § 160.59. | Photographs, palmprints, and fingerprints are destroyed or returned, with certain exceptions. The record of the criminal action will be sealed. N.Y. Crim. Proc. Law § § 60.50(1)(a)-(c). | The court can vacate the judgment and dismiss the accusatory instrument, and can take such additional action as is appropriate in the circumstances. N.Y. Crim. Proc. Law § 440.10(6). | Records of arrest and prosecution are sealed and made unavailable to any person or agency, except for specified entities. The state Division of Criminal Justice Services retains fingerprints, palm prints, photographs, or digital images. Records are unsealed in the event of a subsequent arrest or charge. N.Y. Crim. Proc. Law § § 160.58(4)-(6), (8) | Photographs, palmprints, and fingerprints are destroyed or returned, with exceptions. The record of the criminal action will be sealed. N.Y. Crim. Proc. Law § § 160.50(1)(a)-(c). | Photographs, palmprints, and fingerprints are destroyed or returned, with exceptions. The record of the criminal action will be sealed. N.Y. Crim. Proc. Law § § 160.50(1)(a)-(c). | The proceedings in the case are deemed not to have occurred. The person cannot be questioned about sealed records, and if the person is questioned, the person can reply that the arrest and proceedings did not occur. ORC Ann. 2953.33(B)(4). | The proceedings in the case are deemed not to have occurred. The person may not be questioned about sealed convictions, unless the question bears a direct and substantial relationship to the position for which the person is being considered. See ORC Ann. section 2953.32(D) for circumstances where record inspection is allowed. ORC Ann. § 2953.32 et seq. | The proceedings in the case are deemed not to have occurred. The person cannot be questioned about sealed convictions, unless the question bears a direct and substantial relationship to the position for which the person is being considered. See section 2953.32(D) for circumstances where record inspection is allowed. Ohio Rev. Code Ann. §§ 2953.32 et seq. | The proceedings in the case are deemed not to have occurred. The person cannot be questioned about sealed convictions, unless the question bears a direct and substantial relationship to the position for which the person is being considered. See section 2953.32(D) for the circumstances where record inspection is allowed. Ohio Rev. Code Ann. § 2953.32 et seq. | The proceedings in the case are deemed not to have occurred. The person may not be questioned about sealed convictions, unless the question bears a direct and substantial relationship to the position for which the person is being considered. See ORC Ann. section 2953.32(D) for circumstances where record inspection is allowed. ORC Ann. § 2953.32 et seq. | No statutory language. | The proceedings in the case are deemed not to have occurred. The person may not be questioned about sealed convictions, unless the question bears a direct and substantial relationship to the position for which the person is being considered. See section 2953.32(D) for the circumstances where record inspection is allowed. Ohio Rev. Code Ann. §§ 2953.32 et seq. | The petition must be filed in the court that handled the case. For the specific procedure, see ORC Ann. 2953.33(B)(4). |
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