Compare Records Clearance Policies | National Reentry Resource Center

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Clearance policy overview	Records relating to a case dismissed following the successful completion of adult diversion on or after July 1, 2002 can be sealed by the court. 3 V.S.A. § 164(j).	Records relating to a case dismissed following the completion of adult diversion prior to July 1, 2002 can be sealed upon petition to the court if the person has no other felony or misdemeanor convictions and does not owe restitution. 3 V.S.A. § 164(g).	Records relating to a juvenile charged with a criminal offense or who was the subject of a delinquincy petition on or after July 1, 2006 and prior to the person attaining majority, can be sealed by the court immediately upon dismissal. 33 V.S.A. § 5119(h)(1).	The criminal history record of a case can be sealed by the court within 60 days after disposition of the case if no probable cause has been determined upon arraignment or the charges are dismissed without prejudice. 13 V.S.A. § 7603(a).	Information relating to an arrest and charge will be deleted by the criminal justice agency three years after the arrest if no conviction has been obtained and the case is not under active prosecution, so long as the defendant is not a fugitive, has no prior felony or gross misdemeanor convictions, and no subsequent charges. Wash. Rev. Code § 10.97.060.	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.	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).	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 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 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 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 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 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 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 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.	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.	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.	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.	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).	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).
Ineligible Category or Citation	See 3 V.S.A. § 164(a) for offenses eligible for adult diversion.	See 3 V.S.A. § 164(a) for offenses eligible for adult diversion.	See 33 V.S.A. § 5119(h)(1) for 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.	See Wash. Rev. Code § 9.96.060(2) for offenses ineligible to be vacated.	This provision applies only to the misdemeanor or gross misdemeanor offenses described in Wash. Rev. Code § 9.96.060(2)(e).	This section applies only to fishing activities. Wash. Rev. Code § 9.96.060(4).	See Wash. Rev. Code §§ 9.94A.640(2) for offenses that are ineligible to be vacated.	See section Rev. Code Wash. (ARCW) §9.94A.640(2) for offenses that are ineligible to be vacated.	There is no statutory language on ineligibility.	Certain offenses are not eligible to be vacated. Rev. Code Wash. (ARCW) §9.94A.640	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.	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.	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).	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 Wis. Stat. § 973.015(1m)(a)(3).
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	Petition-based	Petition-based	Petition-based	Automatic
Waiting Periods	The court notices parties of its intention to seal the record within 30 days of the second anniversary of the successful completion of the program.	The petition can be filed two years after the successful completion of the adult diversion program.	The petition can be filed two years after the charge is dismissed.	There is a 60-day waiting period.	The request can be filed three years after the arrest, citation, or warrant if no conviction is obtained.	The request can be filed three years after the arrest, citation, or warrant if no conviction is obtained.	The petition can be filed three years after sentence completion.	The petition can be filed five years after sentence completion.	There is no statutory language regarding any waiting period.	The petition can be filed 10 years after release from community custody, release from confinement, or sentencing, whichever was latest.	The petition can be filed five years after release from community custody, release from confinement, or sentencing, whichever was latest.	There is no waiting period.	There is no waiting period.	There is no statutory language regarding any waiting period.	The petition can be filed after the period of probation has expired.	There is a 6-month 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 1-year waiting period.	The court can order the expungement at the time of sentencing.
Fees	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 fee.	There is no fee.	There is no fee.	There is no statutory language regarding fees.	There is no statutory language regarding fees.	There is no statutory language on fees.	There is no fee.	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.
Effect	The proceeding is considered never to have occurred. 3 V.S.A. § 164(h).	The proceeding is considered never to have occurred. 3 V.S.A. § 164(h).	The files and court records are sealed. 33 V.S.A. § 5119(h)(2). Upon the court's order to seal the record, the proceedings will be considered never to have occurred, all general index references thereto will be deleted, and the person, the court, and law enforcement officers and departments will reply to any request for information that no record exists with respect to such person upon inquiry in any matter. 33 V.S.A. § 5119(e)(1). The sealed records can be unsealed or viewed in some limited circumstances. 33 V.S.A. § 5119(e)(2), (f)(2)-(6).	The petitioner is treated in all respects as if there was no arrest, conviction, or sentence. Employment and licensing applications may not require information about expunged or sealed records. 13 V.S.A. §§ 7606(a), (b), 7607(a), (b).	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. 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 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), (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 § 9.94A.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 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 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.	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).	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).	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).	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.	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 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 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).
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The National Reentry Resource Center is operated by the Council of State Governments Justice Center and supported by Grant No. 15PBJA-23-GK-05503-MUMU awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and Office of Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice.