Wyoming Expungement and Criminal Record Sealing: Eligibility and Process

Wyoming's expungement statutes establish specific eligibility criteria, waiting periods, and procedural steps that determine whether a criminal record can be sealed from public view. The process operates under Wyoming Statutes Title 7, Chapter 13, and applies to a defined set of offense categories and case outcomes. Understanding this framework matters because criminal records affect housing, employment, professional licensing, and firearm rights — outcomes that persist well beyond the original sentence.

Definition and Scope

Expungement in Wyoming is the legal process by which a court orders that records relating to an arrest, charge, or conviction be sealed and treated as though they do not exist for most public and private purposes. Wyoming Statutes § 7-13-1401 through § 7-13-1404 govern this process, establishing who qualifies, when petitions may be filed, and what effect a successful order carries.

A granted expungement seals records held by the Wyoming Division of Criminal Investigation (DCI), court clerks, and arresting agencies. After an order is entered, the petitioner may lawfully answer "no" to most questions about prior criminal history, with specific statutory exceptions for law enforcement, judicial proceedings, and certain professional licensing boards.

Scope and coverage limitations: This page addresses expungement under Wyoming state law only. Federal criminal convictions are not subject to Wyoming's expungement statutes and fall under a separate federal framework — see the regulatory context for the Wyoming legal system for broader jurisdictional boundaries. Records held exclusively by federal agencies, including FBI criminal history files maintained in the National Crime Information Center (NCIC), are not erased by a Wyoming state court order. Tribal court records on tribal land are similarly outside the scope of this process. For the broader landscape of Wyoming's legal framework, the Wyoming Legal Authority home provides structural context.

How It Works

The expungement process in Wyoming follows a structured sequence:

  1. Determine eligibility — Confirm the offense category, disposition, and whether the applicable waiting period has elapsed under Wyoming Statutes § 7-13-1401.
  2. Obtain criminal history records — Request a certified copy of the relevant records from the Wyoming Division of Criminal Investigation (DCI), which maintains statewide criminal history data.
  3. File a petition — File a Petition for Expungement with the district court in the county where the charge or conviction originated. Filing fees vary by county.
  4. Serve notice — Wyoming law requires that the prosecuting attorney's office receive notice of the petition. The prosecution has the opportunity to object.
  5. Court hearing — If no objection is filed, the court may grant the petition without a hearing. If objection is filed, the court schedules a hearing to evaluate whether expungement serves the interests of justice.
  6. Order and distribution — If granted, the court's expungement order is transmitted to all agencies maintaining relevant records, including DCI, arresting agencies, and the clerk of court.
  7. Verification — Petitioners may request a follow-up criminal history check through DCI to confirm the record has been sealed.

Common Scenarios

Wyoming's expungement statute covers three primary categories of case outcomes, each with distinct eligibility conditions:

Arrests without conviction: Individuals arrested but not charged, or whose charges were dismissed, may petition for expungement immediately following the final disposition. No waiting period applies under § 7-13-1401(a). This is the broadest pathway and the most straightforward to establish.

Deferred prosecution agreements and diversion: Individuals who completed a diversion program or whose case was resolved under a deferred prosecution arrangement — where charges were dismissed upon successful completion — may also petition following dismissal.

Misdemeanor convictions: Wyoming allows expungement of misdemeanor convictions after a waiting period of 5 years from the date of conviction or release from supervision, whichever is later, provided no subsequent criminal conviction has occurred during that period (Wyoming Statutes § 7-13-1401(b)).

Juvenile records: Juvenile adjudications in Wyoming are handled under a separate statutory framework, Wyoming Statutes § 14-6-241, and are subject to different eligibility rules and automatic sealing provisions distinct from adult expungement.

Felony convictions in Wyoming are generally not eligible for expungement under the current statute, which represents a significant distinction from states such as Colorado or Montana that permit expungement of certain felony offenses after extended waiting periods.

Decision Boundaries

Courts apply a statutory standard when evaluating contested petitions. Wyoming Statutes § 7-13-1401 directs the court to consider whether expungement is in the interest of justice, a standard that incorporates the nature of the offense, the petitioner's conduct after conviction, and any objection raised by the prosecuting attorney.

Key ineligibility factors under Wyoming law include:

The contrast between arrest records and conviction records is operationally significant: an arrest record with no resulting conviction carries no waiting period and no objection threshold, while a misdemeanor conviction requires 5 years of clear conduct and survives prosecutorial review. This asymmetry reflects the legislature's policy judgment that unproven accusations warrant faster remedy than adjudicated guilt.

Professional licensing boards in Wyoming — including the Wyoming State Board of Medicine and the Wyoming State Bar — retain access to expunged records under statutory exceptions and may consider sealed convictions in licensing decisions. This limits the practical effect of expungement for individuals in licensed professions, even when the record is sealed from general public access.

References

📜 6 regulatory citations referenced  ·  🔍 Monitored by ANA Regulatory Watch  ·  View update log

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