EXPUNGEMENT
Wyoming Expungement Attorney
A criminal record — even for an old arrest or a charge that was dismissed — can follow you in ways that are entirely disproportionate to what actually happened. Background checks for employment, housing, professional licenses, and education can surface records that you assumed were behind you. Wyoming law provides a path to remove certain records from public access through expungement, but the eligibility rules are specific, the process has procedural requirements, and not every record qualifies.
Teton Defense handles expungement petitions for individuals throughout Teton County. The process begins with an honest assessment of what your record contains, what category of expungement law applies to it, and whether you currently meet the eligibility requirements — or will in the near future.
What Expungement Means in Wyoming
Expungement in Wyoming does not destroy a criminal record. Under Wyoming law, expungement means the reclassification of the record so that it is no longer available for public dissemination. The record continues to exist and remains accessible to criminal justice agencies for criminal justice purposes — but it is sealed from the background checks that employers, landlords, and licensing boards typically conduct.
For most people, that distinction is the one that matters: an expunged record will not appear on a standard background check, opening doors that a visible record would keep closed.
Wyoming courts have no inherent authority to expunge criminal records outside of what the statutes specifically authorize. Every expungement petition must be grounded in one of the applicable statutes, and those statutes define who qualifies, when, and for what category of offense.
Expungement of Dismissed Charges and Arrests — W.S. § 7-13-1401
The most accessible form of expungement under Wyoming law applies to arrests and charges that did not result in a conviction. If you were arrested but never charged, charged but the case was dismissed, or went to trial and were acquitted, you may be eligible to petition for expungement of the arrest and case records under Wyoming Statute § 7-13-1401.
Eligibility Requirements
To qualify for expungement under § 7-13-1401, all of the following must be true:
At least 180 days have passed since the date of the arrest, or from the date the charge or charges were dismissed
No formal charges are currently pending against you at the time the petition is filed
At least one of the following applies: you were not convicted of any charge arising from the incident; no criminal charges of any kind were filed as a result of the incident; or the prosecutor or court dismissed all criminal charges relating to the incident
The Process
A petition for expungement under § 7-13-1401 is filed with the court in which the proceedings occurred, or would have occurred. The prosecuting attorney must be served. If the prosecutor does not object within the time provided, the court may summarily grant the petition. If the prosecutor objects, a hearing is held. If the court finds all eligibility requirements are met, it shall issue an order granting the expungement.
There is no filing fee for a petition under this statute.
Expungement of Misdemeanor Convictions — W.S. § 7-13-1501
Wyoming law provides a separate expungement pathway for individuals who were convicted of a misdemeanor — whether by guilty plea, no contest plea, or jury verdict — under Wyoming Statute § 7-13-1501.
Eligibility Requirements
To qualify for expungement of a misdemeanor conviction under § 7-13-1501:
At least five years must have passed since the completion of your sentence, including any period of probation or supervised release
The misdemeanor offense did not involve the use or attempted use of a firearm
You have not previously received an expungement under this statute — expungement is available only once under § 7-13-1501
The court must find that you are not a substantial danger to yourself, to any identifiable victim, or to society
Only one misdemeanor case may be expunged — the offense or offenses must arise out of the same occurrence or related course of events
The five-year waiting period runs from the completion of the full sentence, including probation. If you were sentenced to probation and completed it three years ago, the clock started at the completion of probation — not at the date of conviction or sentencing.
What Misdemeanors Are Eligible?
Most misdemeanor convictions are potentially eligible under this statute with the exception of offenses involving the use or attempted use of a firearm. This includes convictions for DUI, drug possession, assault, theft, disorderly conduct, trespass, and related offenses, provided the other eligibility requirements are met. However, if you are a health care provider who has been convicted of an offense punishable under W.S. 6-2-313 which was committed against a patient under your care, you are not eligible for expungement.
The Process
The petition is filed in the court in which the conviction occurred. The prosecuting attorney and the Division of Criminal Investigation (DCI) must be served. The prosecutor is required to notify any identifiable victims. If no objection is filed, the court may rule without a hearing. If an objection is filed, a hearing is scheduled. The petitioner must demonstrate that they are not a substantial danger to themselves, any identifiable victim, or society.
Expungement of Felony Convictions — W.S. § 7-13-1502
Wyoming law permits expungement of certain felony convictions, but the eligibility requirements are more restrictive than for misdemeanors, the waiting period is longer, and a significant category of felony offenses is excluded entirely.
Eligibility Requirements
To qualify for expungement of a felony conviction under § 7-13-1502:
At least ten years must have passed since the expiration of the terms of sentence, including any period of probation or completion of any court-ordered program
You must have no prior felony convictions other than the conviction being petitioned for expungement
Restitution must have been paid in full
You have not previously received a felony expungement under this statute
The court must find that you are not a substantial danger to yourself, to any identifiable victim, or to society
Only one felony case may be expunged — the offense or offenses must arise out of the same occurrence or related course of events
Which Felonies Are Not Eligible?
A number of felony categories are expressly excluded from expungement under Wyoming law. Expungement is not available for:
Violent felonies under W.S. 6-1-104(a)(xii) which include murder, manslaughter, kidnapping, sexual assault in the first or second degree, robbery, aggravated assault, strangulation of a household member, aircraft hijacking, arson in the first or second degree, aggravated burglary, sexual abuse of a minor under W.S. 6-2-314(a)(i) or 6-2-315(a)(ii), third or subsequent domestic battery, and disarming a peace officer.
Firearm felonies under W.S. 6-8-101 and 6-8-102 — using a firearm in the commission of a felony (6-8-101), and possession of a firearm by a person previously convicted of certain felony offenses (6-8-102).
Aggravated homicide by vehicle under W.S. 6-2-106(b) — causing death by driving under the influence of alcohol or drugs.
Drug-induced homicide under W.S.. 6-2-108— causing the death of another person by providing or administering a controlled substance.
Sexual assault and sexual abuse of a minor under W.S. 6-2-301 through 6-2-320 — the full range, including first, second, and third degree sexual assault, and first through fourth degree sexual abuse of a minor.
Domestic battery under W.S. 6-2-501(f) (pre-July 1, 2014) and W.S. 6-2-511(b)(iii) — specifically, third or subsequent domestic battery convictions, which are elevated to felony level.Child endangerment under W.S. 6-4-405.
Child abuse under W.S. 6-2-503 — intentionally or recklessly inflicting physical or mental injury upon a child.
Assault and battery on a corrections or detention officer under W.S. 6-2-508(b).
Sexual exploitation of children under W.S. 6-4-303(b)(i) through (iii) — production, distribution, and possession of child pornography.
Sex offender registration offenses under W.S. 7-19-302(g) through (j) — any offense that requires the person to register as a sex offender under Wyoming law.
Child endangerment under W.S. 6-4-405.
Disarming a peace officer under W.S. 6-5-204(c).
Escape from detention under W.S. 6-5-206 or 6-5-207 — escaping from custody, or aiding another person's escape.
Incest under W.S. 6-4-402(b).
Bribery of a public servant or witness under W.S. 6-5-102.
Perjury
If your conviction falls into any of these categories, expungement under § 7-13-1502 is not available regardless of how much time has passed or how thoroughly you have rehabilitated.
The Process
The petition is filed in the district court in which the conviction occurred. The prosecuting attorney and DCI must be served. As with misdemeanor expungements, the prosecutor must notify identifiable victims. The court will hold a hearing if an objection is filed. The ten-year waiting period and the requirement of full restitution payment are threshold requirements that must be confirmed before filing.
Deferred Adjudications Cannot Be Expunged Under Current Wyoming Law
A deferred adjudication completed under Wyoming Statute § 7-13-301 cannot be expunged under current Wyoming law based on the Wyoming Supreme Court opinion Lynch v. State. This applies regardless of how long ago the deferral was completed, how successfully the probationary period was fulfilled, or how clean your record has been since. The Wyoming expungement statutes do not authorize expungement of § 7-13-301 deferral dispositions, and courts have no inherent authority to order expungements outside of those statutes.
The record of the arrest and the § 7-13-301 disposition will remain accessible on background checks even after the case has been dismissed. The deferral is not a conviction — and that distinction matters enormously in many contexts — but it is also not expungeable under the law as it currently stands.
What Expungement Does — and Does Not — Do
What it does. An expungement order directs the Division of Criminal Investigation and other agencies to reclassify the record so that it is not available for public dissemination. For most purposes — employment background checks, housing applications, general public record searches — an expunged record will not appear.
What it does not do. Expungement does not destroy the record. Criminal justice agencies — law enforcement, prosecutors, courts — retain access to expunged records for criminal justice purposes. Certain licensing boards and government agencies may also have access to records that are not available to private employers. Federal agencies are not bound by state expungement orders.
Is Your Record Eligible? Start With a Consultation.
Expungement eligibility in Wyoming depends on the specific statute that applies to your record, the nature of the offense, the date of completion of your sentence, your full criminal history, and whether restitution has been paid. These questions require a careful review of the actual record — not just a general description of what happened.
Teton Defense offers free consultations and handles expungement petitions for clients throughout Teton County and the surrounding area. If you are not yet eligible but will be in the future, Ethan can advise you on what needs to happen before you can petition and what you can do now to prepare.