Introduction to Class B Misdemeanors in Wyoming

Crimes in Wyoming are categorized as either felonies or misdemeanors. Felonies in Wyoming are crimes punishable by imprisonment for a term of between one year and life in state prison. On the other hand, misdemeanors are less serious crimes. They typically carry a jail sentence of 6 months to 1 year. The primary distinction between them is based on the severity of the sentence and whether the sentence is served in a state prison or a local jail.

In Wyoming, misdemeanors are grouped into three classes: Class A, Class B, and Class C misdemeanors. Class A misdemeanors are sometimes referred to as “high” misdemeanors, reflecting their severity. Class B misdemeanors are less severe than Class A misdemeanors and carry a potential jail term of up to 6 months and fines of up to $750. Class C misdemeanors may be eligible for court diversion programs or alternative sentencing options, such as fines.

Misdemeanor charges carry collateral consequences that may have a lasting negative impact on the offender. There are knock-on effects, many of which add to the offender's challenges. Apart from the sentence itself, that is, jail time and a fine, there is also the challenge of permanent damage to the individual's reputation and record. Criminal records of the conviction may limit employment opportunities, restrict the offender’s access to housing, and further complicate the process for applying for a professional license or educational programs. Some Class B misdemeanors may also affect the offender’s eligibility for public benefits and financial aid.

Common Examples of Class B Misdemeanors in Wyoming

Class B misdemeanors in Wyoming include certain DUI offenses (Wyoming Stat. §31-5-233), hit and run involving property damage (WY Stat § 31-5-1102), and theft of property valued between $1,000 and $1,500 (§ 6-3-402), and domestic battery ( §6-2-511).

As defined under W.S. 31-5-233, DUI is driving or having physical control of a vehicle while either having an alcohol concentration above the threshold or being under the influence of a controlled substance in such a way that standard physical or mental control is impaired.

A first-time DUI offense in Wyoming can result in up to 6 months in jail, a fine of $750, and a 6-month license suspension. The court may impose additional penalties or sanctions if aggravating conditions, such as bodily injury, are present.

Under WY Stat § 31-5-1102, when a driver's vehicle is involved in an accident that results in damage to a car or other property, the driver must immediately stop at the same or as close as possible. A hit-and-run is a misdemeanor offense. It attracts a fine of no more than $750 and a jail term of 6 months.

Under Wyoming Statutes § 6-3-402, theft of property worth under $1,000 is a misdemeanor. It attracts a jail sentence of 6 months and a $750 fine. To commit theft, the individual must have an intention to deprive the owner of the use of the benefits of the property of service, or deliberately use or consume a property of service to deprive the owner of its benefit.

Per Wyoming Statutes § 6-2-511, domestic battery occurs when an individual deliberately or recklessly causes bodily harm to another using physical force. It attracts a sentence of 6 months and a fine of up to $750.

Statute of Limitations for Class B Misdemeanors in Wyoming

Statutes of limitations are the time limits during which a prosecutor may file charges following a crime. Typically, the statute of limitations for most misdemeanors is 1 year. This limit ensures that criminal trials are based on the best available evidence. As such, prosecutors must file charges early, when the evidence is available, and the memories of witnesses are still fresh. It also keeps the court moving and prevents a backlog of unresolved cases.

Wyoming is unique in the sense that it is one of two states that has no criminal statute of limitations at all. This implies that an offense may be prosecuted at any time.

Legal Penalties for Class B Misdemeanors

In general, the penalty for a Class B misdemeanor in Wyoming is a 6-month jail term and a $750 fine. Theft of property valued under $1,000 occurs when an individual intentionally uses or consumes property or a service worth below $1,000, depriving the owner of its benefit. As outlined in Wyoming Statutes section 6-3-402, the standard sentencing applies to such a case.

Similarly, per WS 31-5-233, a first DUI offense attracts up to 6 months in jail and $750 fine. The individual may also have their license suspended for 60 days. Per WS 31-5-1102, drivers must stop immediately when there is a collision or accident. A hit and run is a Class B misdemeanor offense in Wyoming.

The penalties for Class B misdemeanors often affect the offenders beyond the sentence. Oftentimes, there is a cascading effect that adds to the obstacles on the path of the offender to lead an everyday life. It affects their ability to secure employment, admission, professional licenses, and other opportunities for which they are otherwise qualified. Long after the individual has completed their sentence, the record may still continue to appear in background checks.

Court Process for Class B Misdemeanors

Law enforcement officers may arrest an individual if they believe there is probable cause that the individual committed an offense. The charge depends on the nature and severity of the offense. For many misdemeanors, the officer issues a citation telling the individual what they are charged with, when, and where to appear in court.

Within 72 hours of the citation or on the date listed on it, the individual would have their initial appearance. In most misdemeanor cases, the initial appearance may also include the arrangement where the defendant hears the charges and enters a plea. Wyoming law allows plea negotiations with the prosecutor. The offender may be able to reach an agreement with the prosecutor and end the case. Otherwise, the case goes to trial.

How Class B Misdemeanors Affect Your Criminal Record

Although a Class B misdemeanor is less severe than a Class A misdemeanor or felony, it is still a criminal conviction and has a long-lasting impact on the offender. Following an arrest, officers fingerprint the offender and subsequently create a criminal history record. Wyo. Stat. § 7-19-107 designates the Division of Criminal Investigation (DCI) as the central repository and requires agencies to submit criminal history information. The DCI’s repository keeps track of convictions, arrests, charges, and other dispositions. Employers, landlords, and other individuals or organizations may order a background check, and the criminal information would appear.

Having a misdemeanor conviction on an individual's record may affect many aspects of life. Many employers perform background checks, and they see a criminal conviction as a risk factor. Even a misdemeanor record may make it more challenging to get a good job. Similarly, a conviction may make it more difficult to secure a lease, or it may mean strict conditions. Many professional occupations, such as healthcare, finance, and security, have requirements for a professional license. A conviction might disqualify the offender. Also, loans, volunteer roles, educational programs, and other roles that require a background check might be affected when a conviction appears on an individual's record. Criminal records do not expire automatically; therefore, the impact of conviction records persists unless the record is expunged.

Differences Between Class B Misdemeanors and Other Offenses

In Wyoming, a crime is categorized as a felony if it is punishable by death or more than one year in state prison. All other crimes are misdemeanors unless categorized otherwise. Class B misdemeanors are in between with respect to severity. Sometimes, more serious misdemeanors are described as “high” in Wyoming, while those considered minor are termed “low” misdemeanors.

A Class A misdemeanor attracts a prison sentence of 1 year and a fine of up to $5,000. A Class B misdemeanor is a mid-level misdemeanor that carries a potential penalty of up to 6 months in jail and a fine of up to $750. A Class C misdemeanor is a relatively minor misdemeanor, characterized by fines only.

How to Check for Class B Misdemeanors in Court Records

To look up Class B misdemeanor cases in Wyoming, the first step is to identify the court where the case was handled. Circuit courts handle most of the misdemeanor criminal cases and traffic offenses. Municipal courts handle city ordinance and traffic violations, while district courts handle mostly felonies and appeals. Interested parties may use the Wyoming Supreme Court’s e-filing system to search cases by name or case number.

Also, record seekers may contact the office of the clerk of the court where the conviction took place. They are required to provide the full name of the offender, date of birth, year of the case, location, and case number (if known).

Furthermore, Class B misdemeanor court records in Wyoming may be available through third-party websites. These sites may be a good starting point to search for misdemeanor case records. However, they are not official government systems; therefore, they may miss cases or the record may be out of date. Thus, information should be confirmed with official sources.

Can a Class B Misdemeanor Be Expunged or Sealed in Wyoming?

In Wyoming, the relief of expungement offers a second chance to eligible individuals in recognition that, being human, there is a margin for mistakes or error. It allows residents a second chance by sealing certain conviction records from public view. A qualifying misdemeanor in Wyoming may be expunged from an individual's criminal record. Individuals convicted of a Class B misdemeanor in Wyoming may seek expungement, provided they qualify or meet the eligibility conditions. These conditions are:

• At least the waiting period of one year must have elapsed since the end of the sentence for a status offence or 5 years for a non-status offense.
• The offense did not involve the use of a lethal weapon
• The individual is not a threat to society or in danger of harming themselves or others.

An individual may only file one expungement petition in their lifetime in Wyoming. To get a Class B misdemeanor expunged, the offender must petition the court of conviction. They will require certified court records and must serve the petition to the prosecutor and the Department of Criminal Investigations. Following this, the court may either sign an expungement order or schedule the offender for a hearing. At the hearing, the individual would have the opportunity to state why they request expungement and demonstrate rehabilitation with evidence.

The judge considers the fact that, being human, individuals may make mistakes. However, they must make a decision as to whether the individual's right to a second chance outweighs the public's right to access the information, based on the severity of the offence and whether the individual is a threat to public safety. If the judge believes the individual has been rehabilitated, they may grant the petition.