What is Expungement?
Wyoming offers "expungement" of adult criminal history records. An expungement removes criminal history information from being publicly available. Expunged criminal history information is still available for criminal justice purposes. In addition, court records related to the offense are placed under seal and are available for inspection only upon a court order.
Who is Eligible for Expungement?
You are eligible to have your arrest record expunged if you were not convicted of the offense.
You are eligible to have a single misdemeanor conviction expunged so long as the conviction did not include the use or attempted use of a firearm, and was not a conviction of a health care provider for sexual battery against a patient. In addition, you must wait five years after completion of sentence for any non-status offenses and at least one year after completion of sentence for any status offenses.
You are eligible to have a single felony conviction or convictions arising from the same occurrence expunged so long as no guns were used in the commission of the felony, 10 years have passed since the completion of your sentence, and you have paid all court ordered restitution.
The following felony convictions are not eligible for expungement:
- Violent offenses defined in Wyoming Statute 6-1-104(a)(xii);
- Offenses punishable under Wyoming Statute 6-2-106(b), related to Homicide;
- Offenses punishable under Wyoming Statute 6-2-108, related to Drug induced homicide;
- Offenses punishable under Wyoming Statutes 6-2-301 through 6-2-320, related to Sexual Assault;
- Offenses punishable under Wyoming Statute 6-2-501(f) prior to July 1, 2014, or under Wyoming Statute 6-2-511(b)(iii), related to Domestic Battery;
- Offenses punishable under Wyoming Statute 6-2-503, related to Child Abuse;
- Offenses punishable under Wyoming Statute 6-2-508(b), related to Assault and Battery on corrections or detention officer;
- Offenses punishable under Wyoming Statute 6-4-303(b)(i) through (iii), related to Sexual Exploitation of Children;
- Offenses punishable under Wyoming Statute 6-4-402(b), related to Incest;
- Offenses punishable under Wyoming Statute 6-4-405, related to Endangering Children;
- Offenses punishable under Wyoming Statute 6-5-102, related to Bribery;
- Offenses punishable under Wyoming Statute 6-5-204(c), related to Interference with a peace officer;
- Offenses punishable under Wyoming Statutes 6-5-206 or 6-5-207, related to Escape from detention;
- Offenses punishable under Wyoming Statutes 6-8-101 and 6-8-102, related to Firearms; and
- Offenses subject to Sex Offender Registration.
What Effect Does Expungement Have?
In Wyoming, an expungement removes criminal history information from being publicly available. Expunged criminal history information is still available for criminal justice purposes. In addition, court records related to the offense are placed under seal and are available for inspection only upon a court order.
Expungement of a felony conviction does not restore any rights removed as a result of the conviction.
If your non-conviction arrest information is expunged, you may respond to any inquiry as though the arrest or charge did not occur.
When Can I Apply for Expungement?
You can apply to have your non-conviction arrest information expunged once 180 days have passed since the date of arrest or from the date charges were dropped, so long as no charges are pending.
You can apply to have your misdemeanor conviction expunged five years after completion of your sentence for a non-status offense.
You can apply to have your misdemeanor conviction expunged one year after completion of your sentence for a status offense.
Misdemeanor convictions, which involved the use or attempted use of a firearm and misdemeanor convictions of a health care provider for sexual battery against a patient are not eligible for expungement.
You can apply to have your felony conviction expunged 10 years after completion of your sentence, so long as you have paid all court ordered restitution, and have no other felony convictions on your record.
There are several felony convictions that are ineligible for expungement.
How Do I Apply for Expungement?
Here are the six steps to apply for expungement:
- Prepare a Petition for Expungement. There is no sample form available online.
If you are filing a Petition for Expungement of a misdemeanor, you should indicate that you have met the waiting period requirements, that your conviction is eligible for expungement, and that you have not received an expungement under this section in the past.
If you are filing a Petition for Expungement of a felony, you should indicate that any felony convictions you are seeking to have expunged were from the same offense. You should also indicate that you have met the waiting period requirements, that your conviction or convictions are eligible, that you have no other felony convictions, and that you do not represent a danger to yourself or others.
- Pay the fee. There is a $100.00 fee to file a petition to expunge a misdemeanor offense and a $300.00 fee to file a petition to expunge a felony offense. There is no filing fee to file a petition to expunge a non-conviction arrest.
- Make a copy of everything for your records.
- File your petition and fee with the court in which you were convicted or which would have heard your case.
- Serve a copy of your petition on the appropriate people.
If you file a petition to expunge a non-conviction arrest, you must serve a copy of the petition on the prosecuting attorney.
If you file a petition to expunge a misdemeanor or felony conviction, you must serve a copy of the petition on the prosecuting attorney and the division of criminal investigations.
- Prepare an Order of Expungement to have ready if the court grants your expungement. There are no sample forms available online.
More Information About Expungement
For more information about expungement, visit the Equal Justice Wyoming website pages here:
Equal Justice Wyoming provides links to help you find a lawyer, and notes that Wyoming residents with low income may be able to get free assistance. For a list of lawyers near you, visit the Equal Justice Wyoming website here: Find a Lawyer.
Legal Aid Wyoming provides legal services for criminal records expungement. Depending on your income, you may qualify to receive free legal help. To apply online, visit the Legal Aid Wyoming website here: Legal Aid of Wyoming.