Compare Records Clearance Policies | National Reentry Resource Center

1

Select group*

*Required fields

2

Select filters

3

Select states and territories to compare
From those matching filter criteria

4

Review policy summaries across selected States

Group: Adult
(-) Adult

645 resultsUse filters above to refine your results.

	Wisconsin	Wisconsin	West Virginia	West Virginia	West Virginia	West Virginia	West Virginia	West Virginia	West Virginia	West Virginia	West Virginia	West Virginia	West Virginia	West Virginia	Wyoming	Wyoming	Wyoming	Wyoming	Wyoming	California
Clearance policy overview	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).	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 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).	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 non-violent felony conviction can be expunged by the court after five years. 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.	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 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 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 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 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 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.	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 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).	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 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 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 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 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 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).
Ineligible Category or Citation	This section applies only to convictions under section 944.30.	There is no statutory language regarding ineligible offenses.	Offenses not eligible for expungement are listed in W. Va. Code § 61-11-26(i).	Offenses not eligible for expungement, even upon receipt of a pardon, are listed in W. Va. Code §§ 5-1-16a(e).	See W. Va. Code §61-11-26(c) for ineligible offenses.	See W. Va. Code §61-11-26(c) for ineligible offenses.	See W. Va. Code §61-11-26(c) for 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.	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	There is no statutory language regarding ineligible offenses.	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).	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).	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).	Misdemeanors that involved the use or attempted use of a firearm are ineligible for expungement. Wyo. Stat. § 7-13-1501(a)(iii).	See Wyo. Stat. §§ 7-13-1502(a)(iii)-(iv) for a listing of ineligible offenses.	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).
Clearance Process	Petition-based	Petition-based	Petition-based	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
Waiting Periods	The petition can be filed at any time.	The record can be returned upon request.	The petition can be filed one year after sentence completion.	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 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 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).	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).	There is a 1- to 3-year waiting period.	There is no statutory language regarding waiting periods.	The petition can be filed six months after probation is completed.	The petition can be filed six months after probation is completed.	There is a 90-day waiting period.	There is no statutory language regarding a waiting period.	The petition can be filed 60 days after acquittal or dismissal.	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 five years after sentence completion.	The petition can be filed one year after sentence completion.	The petition can be filed 10 years after sentence completion.	The petition can be filed at any time a conviction is entered.	There is no waiting period.
Fees	There is no statutory language regarding fees.	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.	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).	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 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.	There is no statutory language regarding fees.	There are no filing fee or costs. W. Va. Code § 61-11-25.	There are no fees. Wyo. Stat. § 7-13-1401(e).	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 is a $300 filing fee. Wyo. Stat. § 7-13-1502(b).	There is no statutory language regarding fees.	There is no statutory language regarding fees.
Effect	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 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).	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).	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).	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).	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.	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).	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).	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).	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.	Fingerprints and photographs returned to the person. W. Va. Code § 15-2-24(h).	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).	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).	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 conviction is vacated. Wyo. Stat. § 6-2-708(c).	The court shall seal the conviction as legally invalid. Cal Pen Code § 653.29(b).
Remedy	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Expunge	Return	Expunge	Expunge	Expunge	Expunge	Expunge	Vacate	Seal

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.