Felonies, Misdemeanors And Infractions In Wyoming

Wyoming's criminal laws classify crimes into felonies and misdemeanors. Felonies are the most severe crimes and may attract equally severe punishments.

The Wyoming Legislature generally contains detailed information about the state's criminal laws and its sanctions. Criminal cases in Wyoming are adjudicated within the state's criminal courts. Individuals who wish to access Wyoming criminal court records related to a specific hearing may submit requests to the court where the proceedings occurred.

Wyoming law also sets the statute of limitations or time limit, within which a prosecutor can file charges.

What is a Felony in Wyoming?

Section 6-10-101 of the state statute defines felonies as any crime that attracts the death penalty or more than one year in a state prison. Felony offenses are divided into classes based on the degree of the offense. Note that the penalties are imposed on an offense-by-offense basis. In other words, a felony class may include crimes with various penalties. Case in point: a class A felony conviction attracts life imprisonment, while convictions for first-degree sexual assaults may vary between 5 and 50 years in jail.

Besides serving time in jail, offenders may pay fines in the form of court fees or restitution to victims. For example, you may pay up to $10,000 for possessing more than three ounces of marijuana.

Another distinction is seen in how a fine is imposed on guilty defendants. In Wyoming, the court may also charge a fine independent of the state's criminal statute if the state's laws do not specify any amount for a crime. According to Section 6-10-102 of the Wyoming State Statute, the court has the right to order the defendant to pay a fine of up to $10,000 in such cases.

Unlike most states, Wyoming's laws do not specify statutes of limitations for any crime. Hence, defendants cannot file for a case dismissal, and the state may begin prosecuting a crime anytime.

Like in most states, felony convictions may be detrimental to a person's reputation and can affect certain rights and privileges. Convicted felons are mostly ineligible to vote in Wyoming. Ex-felons may not hold a public post in the state. Other lasting damages could include difficulty gaining employment or admission into a preferred institution.

Legal representation may assist in presenting a defense in court and addressing claims of innocence.

What Are Some Examples Of Felonies In Wyoming?

The most common felony crimes include:

• Murder,
• Kidnapping,
• Sexual assault on a minor,
• Rape,
• Drug trafficking and other drug-related offenses,
• Assaults leading to severe injury to the victim,
• Repeated DUI arrests and convictions, and
• Arson.

Can an Individual get Felony Removed from a Court Record in Wyoming?

Yes, an individual may remove specific felony convictions from court records. As stated in Article 14 of Chapter 13 of Title 7 of Wyoming Statutes, individuals have the right to file for expungement in Wyoming should they meet certain terms and conditions. The state does not automatically seal records, as some states do for some felony convictions.

When filing for expungement, individuals typically state why they want their records expunged. The court has no specific time limit for granting individuals' requests. However, the waiting period may depend on the crime severity.

Offenders seeking to expunge felony convictions must fulfill these criteria:

• Have completed the waiting period for an offense. The waiting period for a felony is ten years.
• The offense all occurred during the same incident.
• The offender did not use a firearm during the crime.
• The felony did not contain violent acts.
• There is no prior conviction for a felony.
• There is no prior expungement.

Felony convictions that are not eligible for expungement include the following:

• Murder,
• Manslaughter,
• Kidnapping,
• Robbery.

According to the Wyoming Supreme Court, Wyoming courts do not have the power to expunge felony criminal records. Expungements or pardons may only be approved by the Governor's Office. An exception is in cases of a pardon for innocence.

Is Expungement the Same as Sealing Court Records in Wyoming?

In Wyoming, expungement is the same as sealing court records. The state laws describe expungement as the process of removing or sealing a person's criminal record from the general populace under certain conditions. Individuals with criminal records may face limitations that would not apply if they had no record. For instance, they may find it difficult to get jobs in specific industries. Offenders might also lose civil rights, such as the right to vote or to bear firearms.

If a record is expunged, it is generally treated as though the offense did not occur. Only law enforcement agents can see sealed criminal records.

However, the public may still have access to information from public outlets and the mass media. For example, newspaper articles published before an individual was convicted and before the record was expunged may contain criminal records.

What is a Misdemeanor in Wyoming?

The state defines misdemeanors as less severe crimes and incurs up to a one-year prison sentence in a county or local jail.

Unlike felonies, Wyoming categorizes misdemeanors into three different classes, namely:

• Class A Misdemeanors,
• Class B Misdemeanors, and
• Class C Misdemeanors.

The misdemeanor class determines the extent of the penalty. For instance, class A misdemeanors are the most severe crimes and may attract up to one year in jail. In contrast, individuals convicted of Class B misdemeanors may have to spend six months or less in a local jail or pay fines less than $750. Class C misdemeanors, however, only attract court diversion programs or fine payments.

What are some examples of misdemeanors in Wyoming?

The most common misdemeanor offenses in Wyoming include:

• DUI,
• Theft (of goods and services in small amounts),
• Breaking and entering,
• Bullying,
• Damage to property (vandalism), etc.

Can an Individual Get a Misdemeanor Removed from a Record in Wyoming?

Yes, misdemeanor convictions may be expunged from a criminal record in Wyoming. The waiting period for expungement of misdemeanor convictions is usually five years. For a juvenile misdemeanor, the waiting period is one year.

Before applying for expungement, the person must have fulfilled the requirements. Some of these terms include:

• Completion of jail term and/or community service, and
• Full payment of the required fines.

Individuals cannot expunge misdemeanor convictions in which the defendant used or attempted to use firearms. In addition, the state’s judicial system will only approve expungement requests from first-time offenders.

Can a DUI Be Expunged in Wyoming?

Yes, but not all DUI convictions are expungeable in Wyoming. The state law prevents expungement of felony DUI convictions.

In 2015, Wyoming laws were revised, allowing individuals to expunge misdemeanor DUI offenses from their criminal records. Individuals charged with misdemeanor DUI were caught driving under the influence by a law enforcement officer. The waiting period is generally 5 years, and it begins after completion of the DUI punishment.

An example of felony DUI is murder as a result of driving under the influence of alcohol.

What Constitutes An Infraction In Wyoming?

In Wyoming, infractions are petty crimes that do not necessarily attract a jail term. They are sometimes called "petty crimes" or "municipal violations". city or county law violations are generally less severe than state violations. Persons convicted of such violations may attract sanctions ranging from paying a fine to being stripped of a license.

An infraction may lead to a misdemeanor or felony offense. For example, speeding may result in a homicide, which is a felony. Individuals found guilty of a "hit and run" will be charged with a felony.

What are some Examples of Infractions in Wyoming?

Traffic crimes are a typical example of infractions in Wyoming. Sanctions for traffic violations could vary from petty sanctions to heavier sanctions depending on the gravity of the offense.

There are two kinds of traffic violations in the state of Wyoming:

• Static or non-moving violations: illegal parking and illegal modification of automobiles.
• Moving violations: failure to obey traffic lights and reckless driving.

Municipal city codes mostly determine sanctions for infractions, such as speeding. Sanctions may be lenient or severe, depending on the nature of the offense and previous infraction sanctions. The city might impose light sentences on first-time offenders. However, repeat offenders may get strict penalties. Case in point: you may lose your driver’s license if arrested for four or more moving violations within 12 months.

Can Infractions be Expunged from a Wyoming Criminal Court Record?

Generally, infractions do not require a court hearing. Therefore, they are not visible on most court records, and as such, are not expungeable. An infraction only becomes expungeable if it led to a misdemeanor or felony and the offender fulfilled certain requirements.

What is Deferred Adjudication in Wyoming?

In Wyoming, deferred adjudication occurs when the court places a defendant on probation instead of a prison sentence. The probation period may come with conditions that may run for 36 months or the full length of the prison sentence for such offenses. Offenders who flout the conditions may have the probation revoked and may serve out the sentence in jail.

All offenders are eligible to obtain a deferred adjudication, except if they are on trial for the following crimes:

• Murder.
• First- and second-degree aggravated sexual assault.
• First- and second-degree arson.
• First- and second-degree battery.

Types of Crimes Eligible for Deferred Adjudication in Wyoming

Under W.S. 7-13-301, the court generally expunges crimes that do not have aggravating circumstances. The court also imposes a deferred adjudication on first-time offenses. That being said, the table below outlines crimes that are eligible for adjudication.