Wyoming: Adult Non-Conviction Arrests (WY-NC-1)

Records relating to an arrest or charge can be expunged by the court 180 days after the date of the arrest or the date the charge was dismissed, so long as no conviction resulted. Wyo. Stat. § 7-13-1401(a).

Record Detail(s)

No conviction obtained

Charges resolved in favor of defendant

Charges not filed

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

Charges that result in deferred adjudication pursuant to section 7-13-301, 35-7-1037, or former 7-13-201, are ineligible for expungement. Wyo. Stat. §7-13-1401(a)(i).

Procedure General

The petition must be filed in the court in which a proceeding occurred or would have occurred. Wyo. Stat. § 7-13-1401(a). For the specific procedure, see Wyo. Stat. § 7-13-1401. If no objection is filed, the court can summarily enter an order of expungement if the court finds the petitioner is eligible for relief under this section. Wyo. Stat. § 7-13-1401(c).

Fees

There are no fees. Wyo. Stat. § 7-13-1401(e).

Effect

The petitioner can respond to any inquiry as if the arrest, charge, or charges did not occur, unless otherwise provided by law. Wyo. Stat. § 7-13-1401(f). The court file is placed under seal and can only be inspected by court order. Wyo. Stat. § 7-13-1401(d). Expungement means classifying the record to ensure it will not be available for dissemination other than to criminal justice agencies to be used for criminal justice purposes. Wyo. Stat. § 7-13-1401(j)(ii).

Waiting Periods

The petition can be filed 180 days after the date of the arrest or the date the charge was dismissed.

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