Wyoming Criminal Records
Wyoming criminal records refer to a summary of a person’s engagement with the criminal justice system. It entails the previous arrests, convictions, sentences, probation, parole, and any dismissals. A criminal record may also entail physical attributes, such as height, weight, eye, color, and identifying tattoos. The criminal record of a person can be maintained b different databases such as the police department, sheriff’s office, or bureau of investigation. Certain employers typically use criminal records to determine if a person is the right fit for their organization. Alternatively, it can be utilized by law enforcement organizations to assess if the individual has an open warrant out for their arrest.
This can be useful, especially during traffic stops, to see if the person is dangerous or has been previously incarcerated for committing a violent crime. This knowledge will then inform how they treat the person. Wyoming criminal records are public as per the Sunshine Act, so any interested party can view them, provided there are no legal restrictions. The basis for record collection and storage, though, varies according to county, but the main database is the Division of Criminal Investigation. The information can also be viewed from third-party websites; however, these come at a charge to the interested party.
Usually, requesters have to provide information to access the records, such as the person’s name, date of birth, or location. The Division of Criminal Investigation also charges $5 for fingerprint checks and $15 for whole background searches. Viewing the criminal records by visiting the local courts and forwarding the application to the clerk for on-demand documents is also possible.
What Are the Types of Crimes in Wyoming?
In Wyoming, crime is categorized according to felonies and misdemeanors depending on the penalty which would be given under state laws. Felonies are categorized as more severe than misdemeanors, which informs the sentence duration. By their nature, a felony may attract a sentence of more than a year and several thousands of dollars in fines. The maximum penalty for felonies is the death sentence, while misdemeanors entail a sentence of one year at most.
Felonies
Murder
According to Wyoming laws, § 6-2-101 (2014), an individual convicted of murder in the first degree may be punished by death or life imprisonment without parole. Similarly, anyone that purposefully and maliciously kills another but without premeditation is second-degree murder. The punishment for this is a term in prison that is not less than 20 years. Manslaughter, also considered third-degree murder, is punishable by a sentence of not more than twenty years.
Sexual Assault
Sexual assault is a felony offense in Wyoming, and it is punishable by a minimum of five years up to a maximum of fifty years. In the case where the person is a repeat offender, the penalty for the offense may increase to not less than 25 years and be as much as a life sentence without the possibility of parole.
Arson
First-degree arson of an occupied structure is considered a felony, and it can attract a sentence of up to 20 years. There may also be a penalty of $20,000 or twice the amount of the structure insurance. Third-degree arson is also deemed a felony. That is when a person intentionally causes an explosion, but no one is present in the structure. It is punishable by imprisonment of up to five years and a fine of not more than five thousand dollars.
Kidnapping
Kidnapping is deemed a felony offense in Wyoming, depending on the circumstances. If it is of a minor and they are released unharmed, in a safe environment before the trial, the maximum sentence would be 20 years. However, if they are not voluntarily released and the law catches up to the offender, the minimum penalty becomes 20 years.
Theft
Theft can be categorized as either a felony or a misdemeanor, depending on the value of the items stolen. If the property's value is $1000 or more, then the person could attract a sentence of up to ten years and a fine of $10,000. The same would apply if the offender stole a horse, firearm, cattle, or sheep.
Burglary
Breaking and entering with intent to steal is considered a felony offense in Wyoming. The offender, in this case, would be eligible for a sentence that is not more than $10,000 or both in some cases. If the burglary occurred with violence, it would incur an even stiffer penalty of more than 25 years in prison. The fines might also increase to $50,000, or the offender may incur both punishments.
Diving under the influence
If the driver of the vehicle has three or more prior convictions during the previous decade, then the fourth DUI would become a felony offense. The sentence for this is a maximum of seven years in prison and $10,000 in fines.
Misdemeanors
Misdemeanor theft and shoplifting
Misdemeanor theft is any theft within the state of property or services valued at less than $1000. In this case, the person would incur a penalty of up to six months and a $750 fine. The same penalties apply to a person who is convicted of shoplifting.
First, second, and third, Driving Under the Influence
A first offense in Wyoming for driving under the influence comes available with the least severe punishment for the offender. That is up to six months in jail or a fine of $750. It could also be both. There may also be a suspension of the person’s license for 90 days. The courts can also order that the individual get a substance abuse assessment or complete a DUI class. For the second and third offenses, the penalty ranges from one to six months in jail. There may also be a fine of $3000 and a suspension on the individual’s license for upwards of three years. That is, provided the conviction occurred within ten years of the previous judgment.
First Offender Programs
These are alternative sentencing options for individuals that have committed lower-level misdemeanors in Wyoming. The defendant, though, has to get the prosecutor’s consent and should not have any prior felony convictions. It would also require a guilty plea from the defendant, but the judge will not enter the conviction. This would mean probation of one to three years, and they would have to pay restitution to the victims.
How Does Probation Work in Wyoming?
Probation refers to a court-ordered sentence, which is an alternative to time in prison. Those under supervised release would be under a probation officer. Under the conditions of probation, the individual will live in a pre-approved area. The probationer will get gainful employment and submit to a regularly scheduled drug test. They will also meet with their assigned officer without fail regularly. Should the probationer opt to change any aspect of their employment or their living situation, they have to notify the probation officer ten days in advance. In situations where it is not possible to do so, they at least have to do it three days prior. The probationer will also commit to not doing any offenses during their time.
If they are found guilty of having committed any offenses during this time, it will end in a probation revocation. According to Wyoming statutes 7-13-408, the probation officer has the power of taking an individual into custody and retaining them for a specific time if they think that probation has been violated. An offender will also undergo a probation hearing though there should be a written notice received concerning the allegations. The hearing is held by the judge or another individual empowered to hear the case.
It is not automatic that a person would be sent to prison because of violating probation. Statutes 7-13-1107 (b) indicate that administrative sanctions can be imposed, such as community service or loss of privileges. Legal counsel can also deem that the punishments are more appropriate should the violation have been minor. As a minor sentence, one can be sent to county jail for a maximum of 30 days. It does not necessarily mean that the probation has been revoked. Potential placement in a residential community correctional program for 60 days allowing one to continue probation.
Revocation of probation is the worst-case scenario where a person’s rights are removed. That means the offender will be sentenced just as would have been if the judge had given the initial sentence. Probation violation sentences, though, depend on the underlying offense. For the offender to get an idea of the amount of jail time for the violation, they can have a meeting with their legal representative, and there will be a review of the initial charges. It would be advisable to do everything possible to avoid revocation of the probation before the courts determine the case. If the violation is technical in nature and does not indicate willful absconding of the terms, it is possible to put a case before the court, illustrating a good defense.
How Does Parole Work in Wyoming?
Usually, offenders become eligible for parole after they serve two-thirds of their minimum sentence. Offenders then can be scheduled for parole one and a quarter years before the eligibility period. On the month that they are supposed to get a hearing, it will be based on the facility where the person has been housed. Parole hearings are typically done in person, by telephone, or via video conference. Fortunately, both letters of support and confirmation of employment offers can be sent to the board mailing address or through email. For the letters of support to be included in the parole hearing material, they must be received by the parole board office two weeks before the hearing.
How Does Expungement Work in Wyoming?
Wyoming law mandates that one can expunge a criminal record provided the right conditions. That means the record will be erased from the court system. Sealing the record, though, means that it will be only available to certain parties, such as legal representatives, law enforcement, and parties to the case. According to Wyoming statute 7-13-1501, the court can expunge a conviction for misdemeanor simple assault, domestic violence, reckless endangerment, and battery. In this case, the offense should not have involved the use of a firearm.
Restitution for the crime as well has to be paid in full. The relief, though, is not there for violent crimes that involve firearms or sexual-related felonies. Notice requirements may apply, so the courts have to determine that the applicant of the expungement is not a danger to themselves or another. It is also possible to get an expungement if the charges for the crime were dismissed. For felony convictions that are eligible for expungement, one would have to wait five to ten years from the time of the completion of the sentence to when it is completed. If the convict attained a pardon for their crimes, they could apply for an expungement after the same period.
How to Obtain a Criminal Record in Wyoming
According to the Sunshine Act, criminal records are deemed public in Wyoming, provided the information does not include privileged or personal material. Though eligible parties such as corporate employers, child care services, and government platforms can do a fingerprint-based record search on prospective via the Division of Criminal Investigation. The platform provides background checking and applicant tracking for interested parties.
However, the requesters have to have the requester fingerprinted when it comes to FBI-approved fingerprint cards. The Division of Criminal Investigation also charges $5 for these services and an extra $15 for background checks. Applicants have to attach payment for the fees in the form of a check or a money order. The criminal records of individuals can also be sourced from the Wyoming state police, as law enforcement agencies retain records of the applicants. In this case, there are fees that apply to the requesters, which may be enclosed in the mail. Third-party sites can also suffice for criminal records checks of requesters. These sites rely on information from government platforms but may charge more due to the higher amount of information provided.
Counties in Wyoming
- Albany
- Big Horn
- Campbell
- Carbon
- Converse
- Crook
- Fremont
- Goshen
- Hot Springs
- Johnson
- Laramie
- Lincoln
- Natrona
- Niobrara
- Park
- Platte
- Sheridan
- Sublette
- Sweetwater
- Teton
- Uinta
- Washakie
- Weston