Expungement Petition - Wyoming

Wyoming Petition for Expungement

Select one statutory route. Wyoming uses different eligibility, fee, service, and response periods for nonconviction records, misdemeanor convictions, and felony convictions. File in the court identified by the applicable statute and confirm local filing practices before submission.

Route Selection

☐ Route A — § 7-13-1401

☐ Route B — § 7-13-1501

☐ Route C — § 7-13-1502

Eligibility Worksheet

Route A — § 7-13-1401

☐ At least 180 days have passed since the arrest or dismissal date.

☐ No formal charge is pending when this Petition is filed.

☐ The incident produced no disposition under § 7-13-301, § 35-7-1037, or former § 7-13-203, including on a different or lesser charge.

☐ At least one condition applies:

• ☐ No charge from the incident resulted in a conviction, including a different or lesser charge.
• ☐ No criminal charge was filed from the incident.
• ☐ Every criminal proceeding from the incident was dismissed by the prosecutor or court.

Route B — § 7-13-1501

☐ The record concerns a Wyoming misdemeanor conviction.

☐ The applicable period has run from expiration of the sentence, including probation, and completion of every court-ordered program:

• ☐ one year for a status offense as defined in § 7-1-107(b)(iii); or
• ☐ five years for a nonstatus offense.

☐ The misdemeanor did not involve use or attempted use of a firearm.

☐ The health-care-provider exclusion for an offense under § 6-2-313 committed against a patient does not apply.

☐ The Petitioner has not previously received a misdemeanor-conviction expungement under § 7-13-1501.

☐ The facts support a finding that the Petitioner does not represent a substantial danger to the Petitioner, an identifiable victim, or society.

Route C — § 7-13-1502

☐ The felony or felonies arose from the same occurrence or related course of events.

☐ At least ten years have passed since all of the following:

• expiration of the sentence, including probation;
• completion of every court-ordered program; and
• payment in full of court-ordered restitution.

☐ Other than the conviction or same-occurrence convictions addressed here, the Petitioner has not previously pleaded guilty or no contest to, or been convicted of, a felony.

☐ The felony did not involve use or attempted use of a firearm, unless it is an offense punishable under Title 23.

☐ The exact conviction statute has been compared with every exclusion in current § 7-13-1502(a)(iv), including the 2024 amendment to subparagraph (D) extending the excluded § 6-2-301 series through § 6-2-321.

☐ The Petitioner has not previously received a felony-conviction expungement under § 7-13-1502.

☐ The facts support the statutory findings required for relief.

Petition

IN THE [DISTRICT / CIRCUIT / MUNICIPAL] COURT OF THE STATE OF WYOMING

IN AND FOR [COUNTY / MUNICIPALITY]

Verified Petition for Expungement

The Petitioner, [PETITIONER NAME], requests expungement under Wyo. Stat. § [7-13-1401 / 7-13-1501 / 7-13-1502] and states:

1. Petitioner information. The Petitioner's full legal name is [NAME]. Date of birth: [__/__/____]. Current address: [ADDRESS].

2. Court. This Petition is filed in the [COURT NAME], the court in which the proceeding [occurred / would have occurred / resulted in conviction].

3. Record. The record concerns:

• Arrest date: [__/__/____]
• Arresting agency: [AGENCY]
• Original charge or suspected offense: [OFFENSE / STATUTE]
• Filed charge and case number, if any: [CHARGE / CASE]
• Final disposition or conviction: [DISPOSITION / DATE]
• Sentence: [SENTENCE]
• Probation end date: [__/__/____]
• Program completion date: [__/__/____]
• Restitution completion date: [__/__/____]

4. Selected route. Relief is requested under § [SECTION] because [STATE THE FACTS SATISFYING EACH APPLICABLE ITEM IN THE ELIGIBILITY WORKSHEET].

5. Criminal history. [FOR § 7-13-1401, ADDRESS PENDING CHARGES AND EVERY CHARGE OR DISPOSITION FROM THE INCIDENT. FOR § 7-13-1501 OR § 7-13-1502, ADDRESS PRIOR CONVICTIONS AND ANY PRIOR EXPUNGEMENT.]

6. Firearm and offense exclusions. [FOR A CONVICTION ROUTE, STATE WHETHER A FIREARM WAS USED OR ATTEMPTED AND EXPLAIN THE COMPARISON WITH THE APPLICABLE STATUTORY EXCLUSIONS.]

7. Danger finding. [FOR A CONVICTION ROUTE, PROVIDE FACTS CONCERNING REHABILITATION, TIME WITHOUT NEW OFFENSES, TREATMENT, EMPLOYMENT, EDUCATION, COMMUNITY TIES, VICTIM SAFETY, AND PUBLIC SAFETY.]

8. Requested relief. The Petitioner asks the Court to:

a. find the Petitioner eligible under the selected statute;

b. order expungement of the applicable record as Wyoming law defines that term;

c. place the court file under seal, available only as provided by the applicable statute or court order;

d. direct the clerk to transmit a certified copy of the order to the Wyoming Division of Criminal Investigation; and

e. if relief is granted under § 7-13-1502, recognize the restoration of rights provided by subsection (m).

Dated: [__/__/____]

_________________________________

[PETITIONER OR ATTORNEY NAME]

[STATE BAR NUMBER, IF APPLICABLE]

[ADDRESS]

[PHONE]

[EMAIL]

Verification

I, [PETITIONER NAME], verify that I have read this Petition and that its factual statements are true and correct to the best of my knowledge.

Dated: [__/__/____]

_________________________________

[PETITIONER NAME]

Certificate of Service

I certify that on [__/__/____], I served a copy of this Petition and its attachments as follows:

☐ All routes: [NAME AND ADDRESS OF PROSECUTING ATTORNEY]

☐ § 7-13-1501 or § 7-13-1502: Wyoming Division of Criminal Investigation, [CURRENT SERVICE ADDRESS]

Method: [PERSONAL SERVICE / CERTIFIED MAIL / OTHER AUTHORIZED METHOD]

_________________________________

[NAME]

Procedure After Service

Section 7-13-1401

The prosecuting attorney has 20 days after service to object. The court must not grant relief before that period expires. An objection requires a hearing; without an objection, the court may act summarily if eligibility is shown.

Section 7-13-1501

The prosecuting attorney serves identifiable victims as the statute directs. Objections or recommendations are due within 30 days after the Petitioner serves the prosecuting attorney. The court must not grant relief before that period expires. A timely objection by the prosecutor or an identifiable victim, or a dispute over a requested DCI history report, requires a hearing.

Section 7-13-1502

The prosecuting attorney must serve identifiable victims within 30 days after being served. Objections or recommendations are due within 90 days after the Petitioner serves the prosecuting attorney. The court must not grant relief before that period expires. A timely objection or a dispute over a requested DCI history report requires a hearing.

Effect and Limits

The statutes define expungement primarily as classifying the record in DCI's state central repository so it is not disseminated except to criminal-justice agencies for criminal-justice purposes. The definition does not include investigatory files kept by local, state, or federal criminal-justice agencies solely for criminal-justice purposes.

The court also seals its file, subject to inspection by court order. The Wyoming Judicial Branch explains that the court sends the signed order to DCI and removes related central records from public access. Relief under § 7-13-1502 restores rights removed because of the expunged conviction.

Do not request destruction of every agency file or an order against private background-screening vendors under these statutes.

Proposed Order Preparation Checklist

The Wyoming Judicial Branch advises petitioners to prepare an order for the judge. A proposed order should identify:

☐ the selected statute and eligibility findings;

☐ the exact arrest, charge, disposition, or conviction record covered;

☐ sealing of the court file;

☐ transmission of a certified copy to DCI;

☐ the limits in the statutory definition of expungement; and

☐ for § 7-13-1502, the statutory restoration of rights.

Sources and References

• Wyoming Judicial Branch, Expungements
• Wyoming Legislature, current Title 7 PDF
• Wyoming Legislature, Article 15 statutory text
• Wyoming Legislature, 2024 SF 92 final bill

This template is provided as a drafting aid for Wyoming-licensed attorneys. Customize to reflect client-specific facts and current statutory requirements before filing.