In Wyoming, your criminal record may be expunged -- that is, erased or sealed -- under the circumstances described below. If your record is expunged, it will no longer be visible to the general public, including potential employers. In most cases, you may say that you were never arrested or convicted of a crime.
If You Were Not Convicted of a Crime
If you were arrested but there was no disposition in the case and there are no current charges pending against you, your record may qualify for expungement. To be eligible, one of the following must be true:
- you were not convicted of any charge, including a different or lesser charge that resulted from the incident that lead to your arrest
- no criminal charges were filed against you as the result of the incident that lead to your arrest, or
- all criminal proceedings against you that resulted from the incident that lead to your arrest were dismissed.
Before requesting an expungement, you must wait 180 days from the date of the arrest.
(Wyoming Statutes § 7-13-401.)
If You Were Convicted of a Crime
Misdemeanor convictions. Certain misdemeanor convictions may be eligible for expungement under Wyoming law. Your conviction may qualify if:
- at least five years have passed since you successfully completed the terms of your sentence, including any period of probation or any other court-ordered program
- you were not convicted of a misdemeanor prior to the one you want to expunge, and
- the misdemeanor did not involve the use or attempted use of a firearm.
(Wyoming Statutes § 7-13-1501.)
Felony convictions. Certain felony convictions may be eligible for expungement under Wyoming law. Your conviction may qualify if:
- at least ten years have passed since you successfully completed the terms of your sentence, including any period of probation or other court-ordered program, and any payment of restitution
- you were not convicted of a felony prior to the one you want to expunge, and
- your felony offense did not involve the use or attempted use of a firearm.
Certain felony offenses can never be expunged, including violent felonies, many felonies resulting in injury to others, arson, offenses by public officials, offenses against public administration, and most sex crimes.
(Wyoming Statutes § 7-13-1502.)
DNA evidence. If your felony conviction is reversed and dismissed, any related DNA records shall be expunged from the state DNA database. (Wyoming Statutes § 7-19-405.)
How to File
You must file your petition for expungement with the court that handled -- or would have handled -- your case.
Getting Legal Help
Cleaning up a criminal history can be complicated. If you are not sure whether your record qualifies for expungement in Wyoming -- or for advice about your personal situation -- you should contact a qualified criminal law attorney. A good lawyer can guide you each step of te way.
