Does your inspection involve a sniffer or a hook up to the OBD II?
I'll repeat what I've been told, some of this came from a tuner and some from a Viper Tech. I don't know squat about cars but perhaps one of the gear heads around here will confirm or correct as needed.
If sniffer - maybe, maybe not, depends on the tune
In Virgnina and Florida they use OBD II, I don't know about other states but suspect it is the same.
If the OBD II is OEM - There should be a sensor at the cats feeding data to the OBD. If the cats were removed and nothing done to replace or spoof the sensor, the OBD will red light on that data point and you'll fail.
If an after market ECM is installed, like what Hennessey or Heffner would use in a typical TT installation, the OBD will be fed all green lights regardless of whether or not an actual sensor is being read or not. Then you pass no matter what the engine is doing.