Sealing and Expunging Criminal Records in Wyoming

Criminal records contain information about an individual’s criminal history and contact with the state justice system in Wyoming. Such records include arrest records, conviction records, and sentencing information. Following a court case, the records are filed and maintained by the state’s Division of Criminal Investigation.

According to the Wyoming Open Records law, criminal records are open to the public for inspection, which may be a disadvantage to the convicted individuals. Open criminal records may sometimes lead to obstructions to employment, education, and housing for convicted individuals. However, the state provides the option of expunging or sealing those records, thereby making them unavailable to the public. Expungement removes and seals all documents related to a criminal case, making them unavailable for dissemination and in-state background checks.

Note: According to state laws, only certain types of criminal records are eligible for expungement.

The Difference Between Sealing and Expunging Criminal Records

The primary difference between sealing and expunging criminal records in Wyoming is how the courts manage the case files after each order is given. In the case of expungement, criminal records are cleared from court databases and state background checks. In contrast, although the court restricts sealed records, it maintains the record in a legal and physical sense. All or part of the records may be accessible, but only upon receipt of a court order. Additionally, expunged records can only be viewed by law enforcement agencies, whereas sealed records can be accessed by any interested party who petitions the court for access.

How to Seal a Criminal Record in Wyoming

The Wyoming court rules governing access to court records allow individuals to limit public access to the information contained in criminal records. A party may file a motion to restrict public access to a criminal case file, provided the action is supported by an affidavit showing good cause. The motion and affidavit should be filed along with proof of service to other parties in the case. In 30 days, if there are no objections to the motion from any served party, the court will review the action and grant the order. The order to restrict public access will only be granted if the court determines that disclosure of the information contained in the case records will be injurious to any party. In contrast with expunged records, the court indicates the existence of a sealed record but restricts public access to it.

What Crimes Can Be Expunged in Wyoming

Wyoming expungement statutes authorize the court to expunge the following convictions:

• Misdemeanor convictions

Examples of eligible convictions include simple misdemeanor assault, battery, domestic violence, reckless endangerment, etc. Petitioners may file for expungement five years after completing their sentence. If the crime involved the use of firearms, it could not be expunged.

Additionally, if the individual seeking expungement was a minor (under 18 years of age) at the time of conviction, the offense is not categorized as a criminal act under the law. Therefore, the petitioner may file for expungement when the misdemeanor is at least one year old.

• Felony convictions

Generally, most felonies may be expunged except firearm felonies, violent felonies, crimes that require the perpetrator to register as a sex offender, child endangerment, bribery, first or second-degree arson, perjury, felony DUI, violence against corrections or detention officers, and drug distribution felonies.

Individuals seeking expungement for felony criminal convictions may be able to file the request ten years after the sentence expires. The conviction must also be the petitioner’s first felony conviction.

• Juvenile Convictions

Typically, Title 14 and Chapter 6 of the Wyoming Statutes stipulate that minors found guilty of delinquent acts (except violent felonies) can have their records expunged upon turning 18. The law mandates that, if they maintain exemplary behavior after conviction, they may petition the court for expungement to prove that they have been rehabilitated. The Wyoming Legislature in 2019 enacted HB 0044, which provides for the automatic expungement of juvenile conviction records when the offenders become adults.

Finally, arrest records may be expunged when the arrest is at least six months old. Eligible arrest records include records of arrests with no conviction, arrests where no formal charges were filed, and arrests and criminal proceedings dismissed by the prosecutor or the court. To expunge such records, the individual petitioning the court must have no pending criminal charges.

Can a Felony Be Expunged in Wyoming?

According to Wyoming Statute § 7-13-1502, under specific conditions, qualifying nonviolent felony convictions may be expunged. Other felonies, such as severe or violent felonies, sex offenses that require registration, felonies involving the use of firearms, and murder, cannot be expunged.

The following eligibility conditions must be met to expunge a felony in Wyoming:

• A minimum of 10 years must have passed since the offender completed the terms of their sentence
• They must not have been convicted of any other felonies.
• They must have paid all fees and restitution
• They must file a petition with the court of conviction

Moreover, under Wyoming Statute § 7-13-1501(c), also called “felony-set-aside”, a felony may be reduced to a misdemeanor five years after the individual has completed the terms of their sentence. Additionally, under Wyoming Statute § 7-13-301, first-time offenders may be eligible to have their felony record sealed.

To initiate the expungement process, the individual must get a copy of their criminal history from the Wyoming Division of Criminal Investigation. They should fill out and submit the petition form. Following this, they should file the petition with the court, along with supporting documents that demonstrate their rehabilitation efforts and the reasons they seek expungement. They should also copy the prosecutor. Subsequently, the judge would review the petition and may schedule a hearing to decide whether to grant the petition or take other action.

How to Expunge Criminal Records in Wyoming

The first and most crucial requirement for expunging criminal records in Wyoming is completing the terms of the sentence and probation imposed by the court of law. The entire expungement process will be null and void if the individual files a petition for expungement with pending charges and sentences. Eventually, when eligibility is determined, the following steps will be followed:

• Prepare and File a Petition for Expungement

Petitions are typically filed at the court where the case was originally heard. The petitioner must provide proof of eligibility and reasons for requesting the expungement.

Petitioners are generally advised to take an attorney’s advice. The expungement process is delicate, and mistakes may be detrimental.

• Inform the Necessary Parties of the Filing

The parties (individuals or agencies) in the case are otherwise referred to as respondents. They must be informed of the petition and also served a copy. If the respondents object to the expungement, the court will schedule a hearing to decide the case. The respondents include the prosecuting attorney, the investigation departments, and the victims of the crime.

• Expungement Hearing

At the hearing, the court reviews the charges, inspects the petition, and hears testimonies from the petitioner and objecting parties, if there are any. With these, the court determines whether to grant the order or not.

• Preparation and signing of the Order

If the court grants the expungement, the petitioner must prepare an Order of Expungement for the judge to sign. After the judge signs the order, the court seals all related records in its possession. It also sends a copy of the order to the Wyoming Division of Criminal Investigation Department, where all associated files, including documents of arrest, conviction, disposition, etc., will be removed from public view.

Once the record is expunged, all rights and privileges lost because of the conviction will be restored.

Do Sealed Records Show up In Wyoming Background Checks?

No, sealed or expunged records do not show up in Wyoming standard background checks. An expungement order in the state mandates that expunged records should be removed from law enforcement databases. Therefore, expunged records are unavailable on background checks. Additionally, individuals who have expunged their criminal records are not required to disclose the expunged conviction to the public, including employers, landlords, and housing agents.

Who Can See Sealed Criminal Records in Wyoming

Wyoming law enforcement agencies can access sealed or expunged criminal records. An expungement order closes a criminal record in court databases and removes it from law enforcement databases. However, they remain visible to law enforcement agencies for official reasons. Furthermore, if the expunged criminal conviction was reported in newspaper articles or blogs, it may still be accessible to the public.

How Can I Get My Record Expunged for Free in Wyoming?

The overall cost of the expungement process depends on the charges and whether the individual qualifies for fee waivers. The individual requires a criminal history report from the Wyoming Division of Criminal Investigation (DCI). This costs $20. They must also pay a $100 filing fee at the court and other nominal fees for copies of court documents. The court may waive the filing fee for qualifying low-income residents. Should the individual require the services of an attorney, this also adds between $500 and $1500 in attorney fees to the costs.

Moreover, petitioners who can demonstrate indigency may benefit from pro bono or reduced fees through the Wyoming State Bar and local non-profits in their efforts to make justice equally available, particularly to low-income residents. There are also self-help resources that may serve as a guide in the filing process.

Expungement petitions in Wyoming typically contain the following information:

• The name of the applicant
• Date of birth
• Social Security Number
• Charges for which expungement is sought
• Case disposition
• Court of conviction

How to Obtain Sealed Records in Wyoming

Sealed records in Wyoming are accessible with a formal court order. Rule 9 of the Wyoming court rules provides that sealed records are accessible via motions requesting access. The interested party may file a motion requesting an order for limited intervention, accompanied by a legal declaration stating good cause. The individual must demonstrate to the court that disclosure of the sealed records serves the public interest and that the decision protects individual privacy rights.

If there are no objections from the other parties in the case, the court may grant the order to unseal the records. Contrarily, members of the public cannot be allowed to access or inspect records sealed by an expungement order. Once the documents are expunged, only state law enforcement agencies can access them for official reasons only.