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Expungement Available?
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Felony/Misdemeanor
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Non-Conviction Records Sealing?
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Code Section
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AL
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Only for juvenile offenses, may petition to have records destroyed five years after age of majority.
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N/A
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Yes, non-violent felonies and misdemeanors, including cases where charges dismissed.
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Non-conviction Records Sealing: Ala. Code § 41-9-625 (Pertains to deleting arrest records from rap sheets within 30 days of release from custody upon petition)
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AK
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No, the court can only suspend imposition of sentence and “set aside” conviction after successful completion of probation. Alaska Stat. § 12.55.085
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Both
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Sealing available for non-conviction records only in the case of mistaken identity or false accusation if proven beyond reasonable doubt
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AZ
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Yes, the court can “set aside” and discharge your conviction
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Both
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Non-conviction records may not be sealed or expunged but may be amended to note person cleared of any arrests or indictments.
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AR
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Yes, records can be closed and sealed for certain first-time misdemeanor DUIs if probation fully completed. Other restrictions apply.
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Both
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May be sealed if no charges are filed within one year, or case dismissed or no conviction is obtained.
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CA
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Yes, you may withdraw your guilty plea, or vacate your conviction, and replace it with a “dismissal of charges.”
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Both, for felony DUI, not eligible if sentenced a state prison term
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Arrested or charged but not convicted Cal. Penal § 851.8(d)
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CO
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Yes, expungement only for juvenile records. No expungement or record sealing for alcohol-related traffic offenses (DUI).
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N/A
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Arrested or charged but not convicted
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CT
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Yes, but only as an “expungement pardon”
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Expungement pardon:
Three years after misdemeanor
Five years after felony
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“Erasure of criminal records”
charges have been dismissed, or where person has been acquitted
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DE
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No, DUI not eligible for discretionary expungement. Must apply for a pardon on misdemeanor only.
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Misdemeanors
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Arrested or charged but not convicted
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DC
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No
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N/A
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May be able to file a petition of “actual innocence” if arrested or charged but not convicted
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FL
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No, unless charge reduced to a “reckless driving”
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N/A
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N/A
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GA
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No
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N/A
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Under “record restriction” law, arrested or charged but not convicted
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HI
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No
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N/A
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Arrested or charged but not convicted, unless there was a bail forfeiture
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ID
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Yes, “withheld judgment” or “deferred entry of judgment available upon completion of probation
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Misdemeanor
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N/A
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IL
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No
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N/A
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Arrested or charged but not convicted
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IN
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Yes, misdemeanor expungement available after five years waiting period, felony after 8-10 year waiting period
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Both
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Arrested or charged but not convicted
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IA
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Possible, only available for drunk in public conviction, first-time DUI or deferred entry of judgment
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Both
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Arrested or charged but not convicted
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KS
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Yes, first-time DUI can be expunged 5 years after the diversion, sentence or probation was completed. Second or subsequent DUI is 10 years
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Both
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Arrested or charged but not convicted
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KY
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Yes, eligible five years after a misdemeanor conviction
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Misdemeanor
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Arrested or charged but not convicted
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LA
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No
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N/A
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Arrested or charged but not convicted
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ME
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No, only available via a pardon
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N/A
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Arrested or charged but not convicted
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MD
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No if you’ve received a probation before judgment (PBJ)
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N/A
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Arrested or charged but not convicted
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MA
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No expungement, but record sealing possible five years after misdemeanor conviction, felonies are 10 years
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Both
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Arrested or charged but not convicted
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MI
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No
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N/A
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Arrested or charged but not convicted
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MN
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Yes, must follow a waiting period
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Misdemeanor
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Arrested or charged but not convicted
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MS
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No
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N/A
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Arrested or charged but not convicted
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MO
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Yes
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Misdemeanors
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Arrested or charged but not convicted
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MT
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Yes, only if case dismissed after deferred entry of judgment
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Misdemeanor
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Arrested or charged but not convicted
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NE
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No
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N/A
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Arrested or charged but not convicted
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NV
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Yes, with specific time restrictions
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Both
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Arrested or charged but not convicted
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NH
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Yes, known as an “annulment” available 10 years after conviction
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Both
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Arrested or charged but not convicted
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NJ
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No, DUIs are traffic offenses in New Jersey and not eligible
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N/A
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Arrested or charged but not convicted
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NM
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No
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N/A
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Arrested or charged but not convicted in very limited circumstances
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NY
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No
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N/A
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Arrested or charged but not convicted
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NC
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Yes, “expunction” 15-year waiting period
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Misdemeanor
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Arrested or charged but not convicted
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ND
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No
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N/A
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Only if arrest was unlawful in violation of constitutional rights and no subsequent convictions
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OH
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No
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N/A
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Arrested or charged but not convicted
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OK
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Yes, limited circumstances
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Both
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Arrested or charged but not convicted
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OR
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Not for DUI or DUII
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N/A
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Arrested or charged but not convicted
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PA
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Yes, if gone through Accelerative Rehabilitative Disposition (ADR) program
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Misdemeanors
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Arrested or charged but not convicted
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RI
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Yes
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Misdemeanors after five years, felonies after 10 years
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Arrested or charged but not convicted
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SC
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No
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N/A
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Arrested or charged but not convicted
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- South Carolina Statutes § 22-5-910, § 44-53-450, § 34-11-90
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SD
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Yes
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Misdemeanor after 10 years
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Arrested or charged but not convicted
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TN
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No
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N/A
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Arrested or charged but not convicted
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- Tennessee Statutes §§ 40-35-313
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TX
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No
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N/A
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Arrested or charged but not convicted, must wait set time frame
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UT
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Yes, must follow waiting period
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Misdemeanor, Felony DUI only if pardoned
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Arrested or charged but not convicted, must wait set time frame
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VT
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No
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N/A
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Arrested or charged but not convicted, must wait set time frame
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VA
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No, only if granted a complete pardon
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N/A
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Arrested or charged but not convicted, must wait set time frame
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WA
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No
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N/A
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Arrested or charged but not convicted, must wait set time frame
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WV
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No
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N/A
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Arrested or charged but not convicted, must wait set time frame
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WI
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Yes, limited
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Misdemeanors
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Arrested or charged but not convicted, must wait set time frame
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WY
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Yes, if judge granted deferred entry of judgment
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Misdemeanors
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Arrested or charged but not convicted, must wait set time frame
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- Wyoming Statutes § 7-13-1501
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