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A Comprehensive Guide to Wyoming Felony Expungement

By stladmin on June 20, 2023

A felony conviction on your record can have long-term consequences, affecting your employment, housing, and other opportunities. Under Wyoming law, it is possible to expunge a felony from your record under specific circumstances, allowing you to move forward with a clean record and enhanced opportunities. Our experienced Gillette criminal defense attorney can explain your legal options.

Understanding Felony Expungement in Wyoming

Felony expungement is the legal process of sealing or erasing a felony conviction from a person’s criminal record. When a criminal record is expunged, it is treated by the court as though it never existed. You do not have to report a felony conviction when applying for housing or on most job applications. Expungement removes conviction only from public records. It may still be available in certain situations, such as a criminal background check performed by a law enforcement agency.

Laws on expungement can vary from state to state. Wyoming statutes allow you to request expungement of a felony arrest by filing a petition with the court. Arrests are all eligible for expungement and easier to expunge than convictions. Certain felony convictions may also be expunged under certain circumstances.

Eligibility for Felony Expungement in Wyoming

A felony arrest that did not result in a conviction could still affect your future prospects. The requirements for having a felony arrest expunged are:

• At least 180 days have passed since the date of the arrest.
• No formal charges are pending when you file for expungement.
• There are no convictions related to the charges for the arrest.

Getting a felony conviction expunged from your record is more difficult. You are only eligible if:

• At least 10 years have passed since the date of the felony.
• The terms of your sentence have expired.
• You have completed any court-ordered programs.
• You have paid any court-ordered restitution.
• You have not previously been convicted or pled guilty or no contest to another felony.

Certain felony crimes are not eligible for expungement. These include violent crimes, such as murder and manslaughter, aggravated vehicular homicide, sexual assault, child abuse, and other offenses.

Benefits of Felony Expungement

In Wyoming, expungement removes criminal history information from public availability, although the information is still available for criminal justice purposes. Court records related to the expunged offense are placed under seal, at which point they are only available for inspection with a court order. Having a felony expunged from your record can improve education and employment opportunities, increase eligibility for professional licensing, and increase access to housing.

The Felony Expungement Process

The process for having a felony expunged in Wyoming is as follows:

• Consult with an experienced criminal defense attorney: It is important to seek counsel from a knowledgeable lawyer who specializes in expungement cases. Our Gillette criminal defense lawyer can evaluate your eligibility, provide legal guidance, and help you navigate the complex process.
• File a petition for expungement: Your petition should state that all felony convictions you are seeking to have expunged were from the same offense, you have met the waiting period requirement, your convictions are eligible for expungement, you have no other felony convictions, and you are not a danger to yourself or others. It is important to present a compelling argument that demonstrates rehabilitation, remorse, and positive contributions to society since the conviction.
• Court proceedings and legal advocacy: If the prosecution or any victim of the crime files an objection, you may be required to attend a hearing and defend your petition for expungement. Our experienced criminal defense attorney can present a strong case, advocate for expungement, and address any opposition or challenges from the prosecution.

Contact Steven Titus & Associates, P.C. at (307) 257-7800 if you are seeking felony expungement.