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| Clearance policy overview | Records relating to a juvenile proceeding transferred to criminal jurisdiction shall be sealed if the juvenile is subsequently acquitted of the offense, found guilty only of an offense other than the offense upon which the transfer or waiver was based, or the offense upon which the transfer or waiver was based was subsequently dismissed. W. Va. Rules of Juv. Proc., Rule 50(b). | Records relating to a juvenile delinquency can be expunged upon a finding that the individual's participation in the offense was a direct result of being a victim of trafficking. W. Va. Code § 61-14-9(a). | 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. Code § 49-5-104(a). | 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). | The record of a minor convicted of a violation of a municipal ordinance may be expunged. Wyo. Stat. § 14-6-241(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 matter that ended with a declined prosecution, dismissal, or acquittal can be expunged, so long as rehabilitation of the petitioner has been attained to the satisfaction of the court or the prosecuting attorney. Wyo. Stat. § 14-6-241(e). | 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). |
| Ineligible Category or Citation | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | The records of a juvenile convicted under the criminal jurisdiction of the circuit court pursuant to §49-4-710(d)(1) of this code may not be marked and kept as confidential. | 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). | Violent felonies as defined by section 6-1-104(a)(xii) may not be expunged. A person is not eligible for expungement if the person has a subsequent felony conviction or a pending felony charge.Wyo. Stat. § 14-6-241(a) | 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). | Violent felonies as defined by section 6-1-104(a)(xii) may not be expunged. https://wyoleg.gov/NXT/gateway.dll?f=templates&fn=default.htm A person is not eligible for expungement if the person has a subsequent felony conviction or a pending felony charge. https://wyoleg.gov/NXT/gateway.dll?f=templates&fn=default.htm | 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. |
| Clearance Process | Automatic | Petition-based | Automatic | 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 record should be sealed immediately upon acquittal of the offense, finding of guilt only of an offense other than the offense upon which the transfer or waiver was based, or upon dismissal of the offense upon which the transfer or waiver was based. W. Va. Rules of Juv. Proc., Rule 50(b); W. Va. Code Ann. § 49-5-104(b). | There is no waiting period. | There is a 1-year waiting period. | 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. | There is no waiting period. | The petition can be filed 180 days after the date of the arrest or the date the charge was dismissed. | The petition may be filed upon juvenile reaching the age of majority, which is 18. Wyo. Stat. §§ 14-6-241(a), 14-1-101(a). | 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. |
| 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 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. | There are no fees. Wyo. Stat. § 7-13-1401(e). | There are no fees. | 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). |
| Effect | 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. Once the record of a juvenile is sealed, it can only be opened by order of the circuit court. W. Va. Rules of Juv. Proc., Rule 50(c). To seal juvenile records, the records must be returned to the circuit clerk to be kept in a confidential and sealed file, marked as sealed, and stored in a secure location accessible only by clerk staff. W. Va. Rules of Juv. Proc., Rule 50(d). | 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. | Marking the juvenile records to show they are to remain confidential has the legal effect of extinguishing the offense as if it never occurred. W. Va. Code § 49-5-104(a). | 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). | "Expungement" means to permanently destroy or delete all records, including physical and electronic records, documents and images of documents. If a minor's name appears on a court list, index or other compilation containing other information not subject to expungement, "expungement" means to redact by obliterating the minor's name from the record. Wyo. Stat. § 14-6-241(f)-(g). | 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 to permanently destroy or delete all records, including physical and electronic records, documents and images of documents. If a minor's name appears on a court list, index or other compilation containing other information not subject to expungement, "expungement" means to redact by obliterating the minor's name from the record. Wyo. Stat. § 14-6-241(f)-(g). | 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). |
| Remedy | Seal | Expunge | Shield | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Return | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge |
