Get Your Record Expunged
Wyoming law allows you to expunge a criminal record. An expungement is like the judge taking a giant eraser to your court record.
An expungement erases your record from the court system. It also can erase your record from Wyoming’s law enforcement database.
The process is straightforward…most of the time. So the folks at Freeburg Law created a free tool that works most of the time, for most people. You can also hire Freeburg Law to do the expungement for you, so you have peace of mind that it’s done right.
Continue reading if you want to learn more about expungements.
Learn About Expungements
If you need an expungement, you are called the petitioner. When you file paperwork you “petition” the court for an expungement.
Whether or not you have an attorney, the court holds you to the same standard as an attorney.
Some expungement petitioners should hire an attorney to represent them. When self-represented, the petitioner takes responsibility for the attorney’s tasks.
Either you or the attorney will:
- Get the complete court record of the petitioner.
- Verify that all charges are eligible for expungement.
- Prepare the expungement forms and file them with the right people.
- Advocate for the petitioner if the court sets a hearing.
If that sounds like more than you want to take on, call Freeburg Law to discuss your options.
Petition For Expungement
The petition for expungement is the document that asks the court to expunge the record. It identifies the petitioner by name and identifies the records to be expunged by their case numbers.
Proposed Order Of Expungement
The proposed order for expungement is a draft document for the judge to grant the petition. It contains the instructions to execute the petition to expunge.
The petitioner must serve copies of all the expungement forms to certain parties before filing the forms with the court. Both the county prosecutor and the division of criminal investigation receive copies of the expungement forms.
The expungement forms need information from the court record. The records are located at the court that heard the case. Contact the clerk for the court.
In Wyoming, the court staff are generally very nice and helpful. Tell them you’re looking for your own court record and that you need the “Judgment and Sentence” for each conviction you want to expunge. They will make a copy for you. Sometimes there is a fee.
Getting the complete court records is an essential step. If there is any trouble or uncertainty, the petitioner should hire an attorney. If the petitioner has multiple convictions at different courts, they should consult with an attorney because it may not be possible to expunge all of them.
Petitioners need to know the name of the charge, the statutory citation for the charge, and many dates. Obtaining the information from court documents ensures accuracy:
- For convictions, the petitioner must know the dates of the charge and the date of the sentence. The eligibility period for convictions starts after the final date of the sentence.
- For arrests, the petitioner needs to know the date of arrest or the date charges were dropped. The eligibility period for arrests starts after the charges were dropped. If no charges were brought, the eligibility period starts after the day of the arrest.
Eligibility For Expungement
In Wyoming someone can expunge their records only once. So it’s important to maximize your chances of success. You’re welcome to include a reason why you need the expungement in the petition.
Sometimes prosecutors may object to the expungement. Also, charges involving the use of a firearm can never be expunged.
The court allows petitions to expunge some types of misdemeanor convictions five years after the completion of the sentence and with a $100 filing fee.
Note: The five-year period does not include probation. Here are two examples involving probation.
- You were convicted five years ago for possession of a controlled substance. You were placed on one year of unsupervised probation. You have to wait a total of six years from the date of conviction to petition for expungement. You are not eligible.
- You were convicted 10 years ago for DUI. You were placed on three years of probation. You were required to wait eight years from the date of conviction (three years for probation and five years after that for the waiting period). You are eligible to petition for expungement.
The court allows petitions to expunge a felony conviction 10 years after the completion of the sentence and with a $300 filing fee. Some kinds of felonies can never be expunged.
The court allows petitions to expunge arrests without convictions 180 days after the arrest or since the charges were dropped. There cannot be any remaining charges or convictions related to the arrest. No filing fee is required.
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