(a)A person, or the state with regard to a petition for
the expungement of records pertaining to a juvenile, may
petition the court in which a proceeding occurred, or would have
occurred, for an order expunging records of arrest, charges or
dispositions which may have been made in the case, subject to
the following limitations:
(i)At least one hundred eighty (180) days have
passed since the arrest, or from the date the charge or charges
were dismissed for which expungement is sought, there are no
formal charges pending against the person when the petition is
filed, there were no dispositions pursuant to W.S. 7-13-301 to
any charge or charges as the result of the incident leading to
the arrest, including dispositions to a different or lesser
charge, there were no dispositions pursuant to
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(a) A person, or the state with regard to a petition for
the expungement of records pertaining to a juvenile, may
petition the court in which a proceeding occurred, or would have
occurred, for an order expunging records of arrest, charges or
dispositions which may have been made in the case, subject to
the following limitations:
(i) At least one hundred eighty (180) days have
passed since the arrest, or from the date the charge or charges
were dismissed for which expungement is sought, there are no
formal charges pending against the person when the petition is
filed, there were no dispositions pursuant to W.S. 7-13-301 to
any charge or charges as the result of the incident leading to
the arrest, including dispositions to a different or lesser
charge, there were no dispositions pursuant to W.S. 35-7-1037 to
any charge or charges as the result of the incident leading to
the arrest, including dispositions to a different or lesser
charge, there were no dispositions pursuant to former W.S.
7-13-203 to any charge or charges as the result of the incident
leading to the arrest, including dispositions to a different or
lesser charge, the petitioner sufficiently demonstrates that his
petition satisfies all the requirements of this section, and at
least one (1) of the following applies:
(A) There were no convictions pursuant to any
charge or charges, including a conviction pursuant to a
different or lesser charge as the result of the incident leading
to the arrest;
(B) No criminal charges of any nature were filed
in any court as the result of the incident leading to the
arrest; or
(C) All criminal proceedings against the person
were dismissed by the prosecutor or the court, and such
proceedings were the result of the incident which led to the
arrest.
(b) Any petition filed under this section shall be
verified by the petitioner, served upon and reviewed by the
prosecuting attorney, and no order granting expungement shall be
issued prior to the expiration of twenty (20) days after service
was made.
(c) The prosecuting attorney shall file with the court, an
objection, if any, to the petition within twenty (20) days after
service. If an objection is filed, the court shall set the
matter for hearing. If no objection is filed, the court may
summarily enter an order if the court finds that the petitioner
is otherwise eligible for relief under this section.
(d) If the court finds that the petitioner is eligible for
relief under this section, it shall issue an order granting the
expungement of the applicable record. The court shall also place
the court file under seal, available only for inspection by
order of that court. The court shall transmit a certified copy
of the order to the division of criminal investigation.
(e) There shall be no filing fee for a petition filed
under this section.
(f) A person who has received an order of expungement
under this section may respond to any inquiry as though the
arrest, or charge or charges did not occur, unless otherwise
provided by law.
(g) The state, through the prosecuting attorney, may
appeal any order of expungement issued by any court under this
section.
(h) Notwithstanding W.S. 1-39-101 through 1-39-120, the
division of criminal investigation and its employees 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.
(j) As used in this section:
(i) "Expungement" means only the classification of
the record maintained in the files of the state central
repository at the division of criminal investigation as defined
by W.S. 7-19-107(a), in a manner reasonably tailored to ensure
that the record will not be available for dissemination purposes
other than to a criminal justice agency of any state or a
federal criminal justice agency, to be used solely for criminal
justice purposes. Expungement shall not include investigatory
files of any local, state or federal criminal justice agency,
where those files are being used solely for criminal justice
purposes;
(ii) "Record" means any notation of the arrest,
charge or disposition maintained in the state central repository
at the division of criminal investigation, whether in paper or
electronic format.
(k) The state may file a petition for the expungement of a
juvenile arrest record, charges or dispositions without service
on the juvenile. For the purposes of this subsection,
"expungement" means as defined in W.S. 14-6-241(f).