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| Washington | Washington | Washington | Washington | Washington | Washington | Washington | Washington | Washington | Washington | Washington | Wisconsin | Wisconsin | Wisconsin | Wisconsin | Wisconsin | Wisconsin | Wisconsin | West Virginia | West Virginia | |
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| Clearance policy overview | 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). | A record relating to the successful completion of a deferred disposition that was dismissed and vacated as of June 7, 2012, or later will be sealed so long as the person is 18 years of age or older and the full amount of restitution has been paid. Wash. Rev. Code §13.40.127(10)(a)(i). | A record relating to the successful completion of a deferred disposition that was dismissed and vacated prior to June 7, 2012, will be sealed upon petition to the court if restitution has been paid and the person is 18 years old or older. Wash. Rev. Code §13.50.260(4)(c). | 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). | 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). | A record relating to an adjudication of delinquency can be expunged after the juvenile turns 17, so long as the court has determined that the juvenile has satisfactorily complied with the conditions of his or her dispositional order and that he or she will benefit from, and society will not be harmed by, the expungement. Wis. Stat. § 938.355(4m)(a). | A record relating to a first adjudication for offenses related to invasion of privacy under Wis. Stat. § 942.08 can be expunged if the court determines that the juvenile has satisfactorily complied with the conditions of the dispositional order. Wis. Stat. § 938.355(4m)(b). | A record relating to a prostitution adjudication can be expunged if the person was a victim of human trafficking for the purposes of a commercial sex act and if the court determines that the person will benefit and society will not be harmed by the expungement. 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 a juvenile delinquency proceeding will be sealed one year after the juvenile's 18th birthday or one year after personal or juvenile jurisdiction of the court is terminated, whichever is later. W. Va. Rules of Juv. Proc., Rule 50(a). W. Va. Code § 49-5-101(a). |
| Ineligible Category or Citation | 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 | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | 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). | This section applies only to convictions under section 944.30. | There is no statutory language regarding ineligible offenses. | This section applies only to adjudications under Wis. Stat. § 942.08. | 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 § 61-11-26(i). | There is no statutory language regarding ineligible offenses. |
| Clearance Process | Petition-based | Petition-based | Petition-based | Petition-based | Automatic | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Automatic | Petition-based | Petition-based | Automatic | Petition-based | Petition-based | Petition-based | Automatic |
| Waiting Periods | 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. | The record should be sealed when the matter is dismissed and vacated if the person is 18 or older and all restitution has been paid. If the person is under 18, the court should set an administrative hearing to seal the matter no later than 30 days after the person's 18th birthday. | The petition can be filed if the person is 18 or older. | 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. | The petition can be filed at any time. | The petition can be filed after the juvenile turns 17 years old. | The record can be expunged immediately upon satisfactory completion of the conditions of the dispositional order. | The petition can be filed any time after the adjudication. | The record can be returned upon request. | The petition can be filed one year after sentence completion. | The record should be sealed one year after the juvenile's 18th birthday or one year after jurisdiction is terminated, whichever is later. W. Va. Code Ann. § 49-5-104(a); W. Va. Rules of Juv. Proc., Rule 50(a). |
| Fees | 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. | 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 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. |
| Effect | 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). | Upon the record being sealed, the proceedings in the case will be treated as if they never occurred, and the subject of the records can reply accordingly to any inquiry about the events. Any agency will reply to any inquiry concerning confidential or sealed records that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual. Wash. Rev. Code § 13.50.260(6)(a). For information on how a record can be unsealed, see Wash. Rev. Code § 13.50.260(8). For further information on the effect, see Wash. Rev. Code § 13.50.260(6)-(11). | Upon the record being sealed, the proceedings in the case will be treated as if they never occurred, and the subject of the records can reply accordingly to any inquiry about the events. Any agency will reply to any inquiry concerning confidential or sealed records that records are confidential, and no information can be given about the existence or nonexistence of records concerning an individual. Wash. Rev. Code § 13.50.260(6)(a). For information on how a record can be unsealed, see Wash. Rev. Code § 13.50.260(8). For further information on the effect, see Wash. Rev. Code § 13.50.260(6)-(11). | 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). | 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 record is sealed and destroyed. WI SCR 72.06. | The record is sealed and destroyed. WI SCR 72.06. | The court can vacate the adjudication and expunge the record, which means that the record is sealed and destroyed. Wis. Stat. § 973.015(2m); WI SCR 72.06. | 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). | Upon order to seal, the records of a juvenile proceeding, including but not limited to law enforcement files and records, will be kept in a separate secure confidential place and the records can only be inspected by order of the circuit court. W. Va. Code Ann. § 49-5-104(a). When the record of a juvenile proceeding is sealed by the court, it has the legal effect of extinguishing the offense as if it never occurred. W. Va. Rules of Juv. Proc., Rule 50(c). |
| Remedy | Vacate | Vacate | Vacate | Vacate | Seal | Seal | Vacate | Vacate | Vacate | Delete | Delete | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Seal |
