Expunging your record
by: Wyoming Legal Services - Lander Office
Expunging Your Record
What is expunging?
It's a word that means to destroy or cancel out. In Wyoming you can have a case on your criminal record "canceled out" if it was dismissed or you were found not guilty. Your record doesn't disappear. But the only people who can see it are law enforcement agencies who need it for law enforcement purposes.
Why do people get their records expunged?
For a lot of things you need criminal background checks: jobs, working or volunteering with kids, and renting a home are a few reasons. Anyone can get a background check on you.
Though you were found not guilty or the D.A. dropped the charges, any arrests and charges associated with the case remain on your record. It can raise a lot of questions about you. Some people may think that you did it and got away with it. They may think you hang around a bad crowd and will get in trouble again. None of these may be true, but your record may leave a bad impression. This makes it harder to get a job or rent a home.
When your record is expunged, these people do not see that you were arrested and charged with a crime.
However, if a job application or an interviewer asks if you were ever arrested or charged, you should tell the truth. You could get in a lot of trouble later on if you lie. They could read about it in the news or hear about your case from someone.
Who can get their record expunged?
Wyoming has some rules about who can do this. You have to meet all of these requirements.
- You have to wait 180 days since the last action was taken on your case. This means the arrest or when the charges were dismissed.
- You cannot have any charges pending against you. This includes this case or any other cases.
- In some cases, you can be found not guilty or not even get charged and still be put on probation. You can't have been put on probation because of these charges you want expunged.
Wyoming also requires people to meet at least one of these requirements.
- You can't be convicted of any charges stemming from this case.
- No charges were ever filed as a result of the event leading to your arrest.
- The D.A. or the judge dismissed all charges in this case.
How do you get your record expunged?
If you meet the above conditions, you can file a petition to expunge your record. There is no fee involved. You file it with the court where your case occurred.
The D.A. that handled your case gets a copy of your petition. She has 20 days to object to your petition. If she objects, you go to court for a hearing. The judge will hear your side and her side and then decide. If the D.A. doesn't object, the judge can decide in your favor as long as your meet all the requirements.
Wyoming Statute 7-13-1401
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