§ 5-3-205 — (c) The prosecuting attorney shall, within thirty (30) days of service upon him, serve notice of the petition for expungement by certified mail, return receipt requested, to any identifiable victims of the nonviolent felonies at their last known addresses of record on file with the prosecuting attorney

Wyoming § 5-3-205

• Jurisdiction: Wyoming
• Title 07: Criminal Procedure
• Ch. 13: SENTENCE AND IMPRISONMENT
• Art. 15: EXPUNGEMENT OF RECORDS OF CONVICTIONS

Text

The notices shall include a copy of the petition and statutes
applicable to the petition. In the event that there are no
identifiable victims, or that there is at least one (1)
identifiable victim and the prosecuting attorney has no address
of record on file or the notice sent was returned or is
otherwise undeliverable, the prosecuting attorney shall notify
the court and shall be deemed to have complied with the
provisions of this subsection.
(d) The court in its discretion may request a written
report by the division of criminal investigation concerning the
criminal history of the petitioner.
(e) The prosecuting attorney shall review the petition and
shall file with the court an objection or recommendation, if
any, to the petition within ninety (90) days after service of
the notice by the petitioner upon the prosecuting attorney. If
the prosecuting attorney or an identifiable victim submits a
written objection to the court concerning the petition within
ninety (90) days after service of the notice by the petitioner
upon the prosecuting attorney, or if the petitioner objects to
the criminal history report of the division of criminal
investigation if requested by the court, the court shall set a
date for a hearing and notify the prosecuting attorney, the
identifiable victims who have submitted written objections to
the petition, the division of criminal investigation and the
petitioner of the date set for the hearing. Any person who has
relevant information about the petitioner may testify at the
hearing.
(f) If no objection is filed to the petition within ninety
(90) days after service of the notice by the petitioner upon the
prosecuting attorney, the court may summarily enter an order if
the court finds that the petitioner is otherwise eligible for
relief under this section. No order granting expungement shall
be issued prior to the expiration of ninety (90) days after
service was made to the prosecuting attorney.
(g) If the court finds that the petitioner is eligible for
relief under this section and that the petitioner does not
represent a substantial danger to himself, any identifiable
victim or society, it shall issue an order granting expungement
of the applicable records. The court shall also place the court
files under seal, available for inspection only by order of that
court. The court shall transmit a certified copy of the order
to the division of criminal investigation.
(h) The state, through the prosecuting attorney, may
appeal any order of expungement issued by any court under this
section.
(j) Notwithstanding W.S. 1-39-101 through 1-39-120, the
division of criminal investigation and its employees and any
prosecuting attorney are immune from liability, either as an
agency or individually, for any actions, inactions or omissions
by the agency or any employee thereof, pursuant to this section.
(k) Nothing in this section shall be construed to allow a
person who has previously received an expungement of records of
conviction under this section to seek a second or subsequent
expungement of records of conviction under this section.
(m) An expungement of records pursuant to this section
shall restore any rights removed as a result of the conviction
for which the expungement has been granted.
(n) As used in this section:
(i) "Expungement" means as defined in W.S.
7-13-1401(j)(i);
(ii) "Record" means as defined in W.S.
7-13-1401(j)(ii).