Expunging a conviction to get your gun rights back
by: Wyoming Legal Services - Lander Office
Expunging a conviction to get gun rights back
What is expunging?
It's a word that means to destroy or cancel out. In Wyoming, people are allowed to "cancel out" a misdemeanor crime. This allows you to have firearms again. If you get a crime expunged, the crime stays on your record, but it doesn't prevent you from owning guns.
People who hunt or use guns in their jobs (security, etc.) usually try to get their record expunged.
Who can have a conviction expunged?
Wyoming law is very strict about who can have this done. You need to meet all of the following requirements.
- You had to have lost your gun rights when you 1) pleaded guilty, 2) pleaded no contest to, or 3) were convicted of a misdemeanor. This crime had to cause you to lose your gun rights.
- Besides this misdemeanor on your record, you cannot have any other misdemeanor on your record where you lost your gun rights. It's a one-time deal. If you mess up twice, you can't get back your gun rights.
- The crime you committed did not involve guns.
- You have to wait for 1 year after your sentence is completed. This includes jail time, probation, and any classes the judge makes you take. You have to wait for all of these to finish, plus one year, before you can expunge your record.
How does someone get a conviction expunged?
You have to file a petition with the court where your misdemeanor was handled. A copy has to be served upon the district attorny (DA) who handled your case and to the Division of Criminal Investigation in Cheyenne. It costs $100 to file.
If there were victims of your crime, they have to be told by the DA that you are trying to get your gun rights back.
The DA and any victims have 30 days to say why they think you shouldn't get your gun rights back. If someone has something to say, there will be a hearing in court. All people involved, even you, get to have a say.
If no one objects, the judge makes a ruling. If he denies your request, you can appeal.
Wyoming Statute 7-13-1501
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