A felony has a big impact on a person’s life and if you live in Wyoming, you’ve come here trying to find out how to get the felony off your record. Realize that with all felony records, there are three options you can take. 1) Expunge Your Record 2) Seal Your Record 3) Request a Pardon of Your Record. The problem though is that all states don’t offer all three of these options. But before we get into what Wyoming offers, let’s review what each of these options actually mean.
Expungement
If you get your record expunged in Wyoming it’s as if your arrest and/or charges never happened. Your record is completely destroyed, including all physical and public records. When asked if have a criminal record, after expungement, you can truthfully answer “no”.
Record Sealing
Sealing your record in Wyoming is similar to expungement, but your record still exists in a limited form. The public does not have access to your record, but there are some exceptions. Your records can still be accessed by law enforcement and the courts. Record sealing is not as secure as expungement, but it is a reasonable alternative that is comparatively easier to obtain if your state offers it.
Pardons
If you receive a pardon in Wyoming, you still have record of your arrest or charge, but your guilt is exonerated. That is, you have proven that you are rehabilitated and forgiven for your crimes. You can also get relief in terms of having various rights restored, such as your right to vote. The requirements for pardons vary between states, but typically there is a lot of documentation required, and includes lengthy waiting periods to apply and receive a pardon.
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Things to Know Before You Start
First: It’s important to understand that every state is different in terms of what methods are available for felons to remove their record and the information below will help you understand what you can do in Wyoming.
Felony Expungement in Wyoming
Yes, it is possible to expunge your felony in Wyoming but it depends on the felony.
Sealing a Record in Wyoming
Yes, it is possible to seal your record in Wyoming but it depends on the felony.
Getting a Pardon in Wyoming
Yes, it is possible to get a pardon of your record in Wyoming but it depends on the felony.
Second: When trying to clear your record, you really have two options. The first is to get a free consultation from a lawyer to see what they think of your case, and the second is to try to do all of the paperwork yourself.
Third: We HIGHLY recommend that you get a free consultation from a lawyer prior to taking any action. We say this because whether you want to expunge, seal, or pardon your record, it’s an extremely complicated process. Failure to follow the process properly can end up with you being denied for the request and having to wait additional time (sometimes several years) before you can file again. In addition, getting an expungement lawyer can increase your odds of succeeding and sometimes it’s more affordable than you think. The first step is to click on the button below to confirm that you’re eligible for the expungement/sealing off your record.
Can You Expunge a Felony in Wyoming?
In the state of Wyoming expungement does not mean the physical destruction of criminal files as it is normally viewed, instead they are sealed from the public.
After expungement the only people that will have access to your files are those of criminal justice agencies from any federal or state criminal justice agency for the use of criminal justice purposes.
How to Expunge a Felony in Wyoming
• Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to expunge your record.
• If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because expungements are mostly paperwork) and see what other helpful information they can give you.
• If you are not eligible for expungement based on our test, then you should stop here.
Can You Seal Your Criminal Record in Wyoming?
Wyoming law allows for the sealing of a substantial number of felony convictions ten years after the sentence expires, if the you have had no other felony convictions and have paid restitution.
CANNOT SEAL IF…
Firearm Felonies or Violent Felonies – You cannot apply for sealing if you were convicted of a firearm felony or of any violent felonies.
Sex Crimes – You cannot apply for sealing if you were convicted of any sex crimes.
Child Endangerment – You cannot apply for sealing if you were convicted of child endangerment.
Other instances – This relief is not available for convictions of bribery, perjury, felony DUI, and drug distribution felonies.
How to Seal Your Criminal Record in Wyoming
There is a specific process to follow to seal your record in Wyoming.Alternatively, there is a way to restore some of your basic rights without actually getting a pardon. This alternative is called “restoration of rights.” A restoration of rights restores your rights to vote, to serve on a jury, and to hold public office.
• Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to seal your record.
• If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because expungements are mostly paperwork) and see what other helpful information they can give you.
• If you are not eligible to seal your record based on our test, then you should stop here.
• If you are eligible to seal your record based on our test and want to do this without a lawyer, continue reading.Steps to seal your record in Wyoming.
Step 1. The first step to getting an expungement is to file a Petition for Expungement with the proper court.
• The Petition will most likely need to be filed in the same court that the case was in originally.
Step 2. The Petition must be served on the proper parties, which, depending on the case, include the prosecuting attorney, division of criminal investigation, and the victims of the crime being sealed.
Step 3. At the court hearing, the court will decide if the offense qualifies for an expungement.
• If the court grants an expungement, the Petitioner will need to prepare an Order for Expungement to present to the court for the judge’s signature.
• The court will usually expect the Petitioner to have an Order drafted and ready for the judge’s signature at the hearing.
Can You Apply for a Pardon in Wyoming?
All applications for a pardon are submitted directly to the Governor’s office.
CANNOT PARDON IF…
Ten years have not passedYou are only eligible to apply for a pardon if at least ten years have passed since you were released from your sentence (including any probation or parole) for the conviction. Note:The Governor can consider your application for a pardon if you are a prison inmate who is in imminent danger of death, as documented by a physician. Sex Crime or child victim crimeYou are generally not eligible for either a pardon or restoration of rights if you were convicted of a sex crime or a crime involving a child victim.
How to Apply for a Pardon in Wyoming
There is a specific process to follow to apply for a pardon. There are no application fees to apply for a pardon in Wyoming, but in order to apply for a pardon or restoration of rights, you will need to contact the Attorney General’s office. The process takes between three to six months to complete from the time you submit your application to the time the Governor makes her final decision. If the Governor grants you a pardon or restoration of rights, a copy of the Governor’s order will be filed with the Wyoming Secretary of State.
• Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to request a pardon for your record. In most cases, if you are eligible for expungement on our test, then you’ll be eligible for a pardon.
• If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because requesting a pardon is mostly paperwork) and see what other helpful information they can give you.
• If you are not eligible based on our test, then you should stop here.
• If you are eligible based on our test and want to do this without a lawyer, continue reading.
• Call the Attorney General’s office at 307-777-7977 to have the materials for a pardon or restoration of rights sent to you. If you have any questions, you can call the Governor’s office directly at 307-777-7434. You can also call the Attorney General’s office for assistance with your application at 307-777-7977.You can also write to:Wyoming Attorney General Criminal Division 123 Capitol Building Cheyenne, Wyoming 82002 Steps to obtain a pardon in Wyoming
Step 1. You must provide all of the basic information that the form requests, including all past convictions.
• If you do not remember the details or whereabouts of all of your convictions, you may need to obtain your criminal history report.
• You can find out how to do this by calling the Division of Criminal Investigation at (307) 777-7181. You can also log onto its website at http://attorneygeneral.state.wy.us/dci/. The report should list all arrests, charges, and convictions you have ever received in Wyoming.
• If you have convictions in other states, you can obtain a more comprehensive, nationwide criminal report from the Federal Bureau of Investigation.
• You can find out how to do this by calling the FBI’s headquarters in Washington, D.C., at (202) 324-3000, or logging onto its website at http://www.fbi.gov. The FBI’s website also has a list of local FBI offices you can call.
Step 2. Submit a certified copy of the Judgment and Sentence for each conviction you are seeking a pardon/restoration of rights for.
• You can get this from the clerk’s office of the court where you were convicted. The clerk’s office will usually charge a small fee for this service.
Step 3. Submit a written statement—in your own words—detailing the facts and circumstances of each crime and how it has affected you and your family, and how you believe it has affected your victim.
• In writing your personal statement, keep in mind that the Governor will not be retrying you for the crime.
• Don’t try to make excessive excuses for your crime or argue away your guilt. However you feel about the crime, you have already been found guilty.
• The Governor is probably more interested in seeing your remorse for the crime, and your understanding of its effects on the victim and society, than anything else.
• In your personal statement, detail how the conviction has negatively affected you and your family.
• For example, explain how you have been denied housing or employment opportunities because of your conviction, and how this has prevented you from providing you and your family an adequate standard of living. Submit any proof you may have (such as denial letters) to support your claims.
• If you are facing deportation because of a conviction, explain how being separated from your family will negatively affect you as well as them.
• If you are pursuing a career in a field that requires you to obtain a pardon, submit documents, letters, or other proof from a prospective employer, licensing agency, or attorney verifying this necessity.
• If you need to regain your gun rights, explain why you need this—for example, you are pursuing a career that requires the use of firearms, or you want to take part in your family hunting traditions, or you simply want to feel more secure and able to defend yourself and/or your family after a recent traumatic event.
• Also indicate on your personal statement all the positive things that have occurred in your life—for example, educational achievements, new or stable employment, marriage and children, community involvement, charitable services or donations, law-abiding behavior, etc.
• Submit copies of your college transcript, high school diploma or GED, military certificates, marriage certificate, honors and awards, and other proof of your rehabilitation and good character. Explain what your future plans are and how a pardon would help you.
• Include documents such as copies of your college transcripts, job offer letters, marriage certificates, awards and recognitions, etc., which you want the Governor to consider with your application.
Step 4. We suggest that you submit a few letters of recommendation from credible people (such as your boss) who know you well and can say good things about you.
• These letters should indicate to what extent the writer knows you and why he or she thinks you should be granted a pardon. The letters should also indicate the writer’s contact information for verification purposes. If possible, you should choose individuals who are not related to you, in order to avoid the appearance of bias.
Step 5. The Governor may request for more information/documents from you as she reviews your application. You should be upfront and cooperative with the Governor and her agents at all times.
• The Governor will also perform a criminal history check on you; by submitting your application, you authorize the Governor to do this.
Step 6. Your completed application, along with all supporting documents and letters of recommendation, should be mailed to: Governor of Wyoming Wyoming State CapitolCheyenne, WY 82002
Step 7. The Governor may request to meet with you personally.
• If the Governor makes this request, do not under any circumstance turn it down.
• A personal interview with the Governor is a good opportunity for you to put a human face onto your application; it lets the Governor see the person behind the words.
• You must look and act your best in front of the Governor; dress in the same way you would if you were going to court for a trial.
• If allowed, bring friends, family members, and others in your community come with you so the Governor can see the support you have in your community.
So, there you have it. Three separate ways to get rid of your record in Wyoming. As we’ve said numerous times throughout this page, this is a really complicated process and we highly recommend that you take this eligibility test prior to taking any action to determine if you are eligible for any of these options.
Please note, the information contained here is not legal advice and is strictly informational. If you have any further questions about the information above, or in general, you need to contact a lawyer directly.
