Wyoming Expungement and Criminal Record Sealing
Wyoming law provides a statutory mechanism by which qualifying individuals may petition a court to expunge or seal criminal records, removing those records from most public-facing databases and background check systems. This page covers the scope of Wyoming's expungement statutes, the procedural steps involved, the types of cases most commonly addressed, and the legal boundaries that define eligibility and exclusion. Understanding these boundaries is essential because expungement eligibility in Wyoming is narrower than in many other states, with specific offense categories explicitly excluded by statute.
Definition and scope
Expungement in Wyoming refers to a court-ordered process under which arrest records, conviction records, or both are removed from public access. The governing authority is found in Wyoming Statutes § 7-13-1401 through § 7-13-1407, which define who may petition, what records qualify, and what legal effect an order of expungement carries. The Wyoming Legislature has amended these provisions over time to expand eligibility incrementally, particularly for nonviolent misdemeanor convictions and dismissed charges.
The statute draws a firm distinction between two categories of relief:
- Expungement of arrests not resulting in conviction — applies where charges were dismissed, not filed, or the individual was acquitted.
- Expungement of conviction records — applies to a narrower set of offenses, generally misdemeanors and a limited subset of nonviolent felonies, after a specified waiting period following sentence completion.
Wyoming's expungement law operates within the broader Wyoming criminal law framework and is administered through the district courts. The Wyoming judiciary's official self-help resources provide standardized petition forms that must be used in the relevant district. For readers seeking foundational definitions, Wyoming U.S. Legal System Terminology and Definitions provides a reference-grade glossary covering terms such as "conviction," "dismissal," and "deferred prosecution."
Scope and coverage limitations: This page addresses Wyoming state criminal records only, governed by Wyoming state statutes and administered by Wyoming state district courts. Federal criminal records held by the U.S. District Court for the District of Wyoming or by federal agencies such as the FBI's National Crime Information Center (NCIC) are not covered by Wyoming's expungement statutes and fall outside the scope of this analysis. Records in tribal courts operating under the jurisdiction of the Eastern Shoshone or Northern Arapaho tribes on the Wind River Reservation are also outside this scope. Interstate reporting systems such as the Interstate Identification Index (III), maintained by the FBI, may retain records independently of a Wyoming expungement order.
How it works
The expungement process under Wyoming Statutes § 7-13-1401 et seq. follows a structured procedural sequence administered by the district court in the county of the original charge or conviction.
- Determine eligibility — The petitioner or their representative reviews the specific offense, the disposition, and the elapsed time since sentence completion against the statutory eligibility criteria. Violent felonies, sexual offenses requiring registration under Wyoming Statutes § 7-19-301, and certain drug trafficking offenses are categorically excluded.
- Obtain petition forms — The Wyoming Judiciary publishes standardized petition forms. The petition must identify the case number, the offense, the date of disposition, and the requested relief.
- File with the district court — The petition is filed in the district court of the county of original jurisdiction. Filing fees vary by county; the Wyoming Court Filing Procedures and Fees page covers the fee structure in greater detail.
- Serve the prosecuting authority — Under § 7-13-1403, the petitioner must serve a copy of the petition on the district attorney's office of the county of original prosecution at least 30 days before the scheduled hearing.
- Hearing — The court holds a hearing at which the district attorney may object. The court evaluates whether expungement serves the interests of justice.
- Order of expungement — If granted, the order directs law enforcement agencies, the Wyoming Division of Criminal Investigation (DCI), and court clerks to seal or destroy qualifying records. The DCI, operating under the Wyoming Attorney General's Office, is the central repository for criminal history records in the state (Wyoming Division of Criminal Investigation).
- Notification of repositories — The petitioner or the court clerk notifies relevant agencies, including local law enforcement, the DCI, and potentially the state court administrator's office.
An overview of how courts process such petitions fits within the larger structural explanation found at How Wyoming's U.S. Legal System Works: Conceptual Overview.
Common scenarios
Arrest without conviction: Individuals arrested but not charged, or whose charges were dismissed or resulted in acquittal, are eligible for expungement without a mandatory waiting period under § 7-13-1401(a). This is the most straightforward category and accounts for a significant share of expungement petitions filed in Wyoming district courts.
Misdemeanor conviction: Petitioners with a misdemeanor conviction may petition after 5 years have elapsed following the completion of all terms of the sentence, including probation and payment of fines, provided no subsequent convictions occurred during that period (Wyoming Statutes § 7-13-1401).
Nonviolent felony conviction: Wyoming law permits expungement for certain nonviolent felony convictions after 10 years following sentence completion. The felony must not be among the categorically excluded offenses, and the petitioner must have had no subsequent felony convictions. This category reflects the most restrictive eligibility tier.
Deferred prosecution agreements: Where a charge was resolved through a deferred prosecution agreement that was successfully completed and the case was subsequently dismissed, the individual may be eligible for expungement of both the arrest and the deferred charge under the arrest-without-conviction provisions.
Juvenile records: Juvenile adjudications are governed by a separate statutory scheme under Wyoming Statutes Title 14, not under § 7-13-1401. The Wyoming Juvenile Court System page addresses that parallel structure.
Decision boundaries
Wyoming's expungement statute establishes hard categorical exclusions that courts cannot override by discretion. The following offense types are not eligible for expungement under any circumstances pursuant to § 7-13-1401 and related provisions:
- Sexual offenses that require registration under the Wyoming Sex Offender Registration Act (Wyoming Statutes § 7-19-301)
- Offenses involving violence against a person classified as a felony
- Felony drug offenses involving distribution or trafficking (as distinct from simple possession)
- Driving under the influence (DUI) convictions are generally not eligible under the standard expungement track, though specific deferred prosecution completions may differ
Expungement vs. record sealing — contrast: Wyoming statutes use the term "expungement" rather than creating a separate "sealing" tier as some states do. In states such as Colorado, a two-tier system distinguishes between sealing (records hidden from public but accessible to certain agencies) and expungement (physical or electronic destruction). Wyoming's framework functions closer to a sealing model in practical effect — law enforcement agencies retain access for certain purposes even after an expungement order, meaning the record is not entirely destroyed but is removed from public consumer background check databases. This distinction is material for professional licensing applications governed by Wyoming licensing boards.
Waiting period comparison:
| Category | Waiting Period After Sentence Completion |
|---|---|
| Arrest without conviction | No waiting period |
| Misdemeanor conviction | 5 years |
| Nonviolent felony conviction | 10 years |
| Excluded offenses (sexual, violent felony) | Not eligible |
The regulatory context governing criminal record use by employers and licensing boards in Wyoming is addressed further at Regulatory Context for Wyoming U.S. Legal System. The Wyoming sentencing guidelines and criminal penalties framework determines the underlying classification of offenses before any expungement analysis can begin.
For self-represented petitioners, the Wyoming Judiciary's self-help center and the Wyoming legal system self-representation (pro se) reference provide procedural orientation. The main reference index for this authority site organizes all related topic areas.
References
- Wyoming Statutes Title 7, Chapter 13, §§ 7-13-1401 to 7-13-1407 — Expungement of Criminal Records (Wyoming Legislature)
- Wyoming Division of Criminal Investigation (DCI) — Wyoming Attorney General's Office
- Wyoming Judiciary — Self-Help Center and Court Forms
- Wyoming Sex Offender Registration Act, Wyoming Statutes § 7-19-301 (Wyoming Legislature)
- FBI National Crime Information Center (NCIC) — Federal Bureau of Investigation
- Wyoming Legislature — Official Statutes Portal