§ 7-19-106 — Access to, and dissemination of, information

Wyoming § 7-19-106

• Jurisdiction: Wyoming
• Title 07: Criminal Procedure
• Ch. 19: CRIMINAL HISTORY RECORDS
• Art. 1: IN GENERAL

Text

(a) Criminal history record information shall be
disseminated by criminal justice agencies in this state, whether
directly or through any intermediary, only to:
(i) Other criminal justice agencies;
(ii) Any person designated for the purpose provided
by W.S. 14-6-227;
(iii) The department of family services;
(iv) Other governmental agencies as authorized by the
laws of the United States or any state or by executive order;
(v) An individual who has met the requirements
established by the division to ensure the record will be used
solely as a statistical research or reporting record and that
the record is to be transferred in a form that is not
individually identifiable;
(vi) Any record subject as provided by W.S. 7-19-109;
(vii) The department of health;
(viii) The Wyoming state board of nursing for
purposes of obtaining background information on applicants for
licensure or certification under the board;
(ix) Court supervised treatment program staff solely
for the purposes of utilizing the information pursuant to the
Court Supervised Treatment Programs Act in title 5, chapter 12
of the Wyoming statutes;
(x) Repealed By Laws 2013, Ch. 127, § 3.
(xi) The secretary of state, through the electronic
voter registration system, for confirmation of the existence or
nonexistence of felony conviction records of registered voters
and of individuals seeking to register to vote. If the criminal
history record information indicates that the subject's voting
rights have been restored, that information shall also be
provided. Notwithstanding subsection (c) of this section and
W.S. 7-19-108, the subject's fingerprints shall not be required
and no fee shall be charged. The necessary identifying
information shall be provided to the division and the
disclosures made in accordance with the terms agreed upon by the
secretary of state and the attorney general;
(xii) The board of examiners for optometry for
purposes of obtaining background information on applicants for
licensure or certification by the board;
(xiii) Any public fire department, ambulance service,
counties providing fire protection services pursuant to W.S.
18-3-509, regional emergency response team or fire protection
district, using paid employees or volunteers on a full-time or
part-time basis, for purposes of obtaining criminal history
record information on prospective employees;
(xiv) The office of homeland security for purposes of
obtaining background information on prospective homeland
security workers and regional emergency response team
participants;
(xv) The military department for purposes of
obtaining criminal history record information on prospective
employees, volunteers or military members serving in active duty
or in the Wyoming national guard. The dissemination of criminal
history record information as defined in W.S. 7-19-103(a)(ii)
and authorized by this paragraph shall only occur if required by
the department as a condition for employment with the
department, for training, deployment or mobilization decisions
or for security clearance matters;
(xvi) The department of transportation for purposes
of dealer and wholesaler licensing and permitting under title
31, chapter 16 and for purposes of performing background checks
required by W.S. 31-7-103(b) and 31-7-114(f)(iv);
(xvii) The department of audit;
(xviii) The certified real estate appraiser board for
purposes of permitting or registration under title 33, chapter
39;
(xix) The state auditor;
(xx) The Wyoming retirement system;
(xxi) The board of physical therapy for purposes of
obtaining background information on applicants for licensure or
certification by the board;
(xxii) The state banking commissioner for purposes of
licensing and registration pursuant to W.S. 40-14-604,
40-14-634, 40-14-642, 40-22-108, 40-23-103 and 40-23-125;
(xxiii) The board of medicine for purposes of
obtaining background information on applicants for licensure or
certification by the board whose application or other
information received by the board indicates the applicant has or
may have been convicted of a crime, and for purposes of
investigation of complaints and disciplinary action against
licensees of the board;
(xxiv) The board of midwifery for purposes of
obtaining background information on applicants for licensure by
the board whose application or other information received by the
board indicates the applicant has or may have been convicted of
a crime, and for purposes of investigation of complaints and
disciplinary action against licensees of the board;
(xxv) The department of insurance, for purposes of
licensing under Wyoming statutes title 26, chapter 9;
(xxvi) The Wyoming professional teaching standards
board for purposes of obtaining background information on
applications for certification and if requested by a school
district, to school district boards of trustees for obtaining
background information on employees who may have access to
minors in the course of employment;
(xxvii) The department of enterprise technology
services for purposes of obtaining background information on
prospective and current employees;
(xxviii) A health care licensure board that licenses
health care professionals under title 33 of the Wyoming statutes
for purposes of obtaining background information on applicants
for licensure pursuant to an interstate compact entered into by
the state of Wyoming;
(xxix) The collection agency board for purposes of
licensing under Wyoming statutes title 33, chapter 11;
(xxx) The department of health for purposes of
obtaining background information on persons specified in W.S.
40-28-103(d) as part of a medical digital innovation sandbox
application;
(xxxi) The banking commissioner or the secretary of
state for purposes of obtaining background information on
persons specified in W.S. 40-29-104(d) as part of a financial
technology sandbox application;
(xxxii) The state treasurer;
(xxxiii) The board of examiners of speech-language
pathology and audiology for purposes of obtaining background
information on persons applying for licensure on or after July
1, 2020 as speech-language pathologists, audiologists or speech-
language pathology assistants under Wyoming statutes title 33,
chapter 33;
(xxxiv) The mental health professions licensing board
for purposes of obtaining background information on applicants
for licensure or certification by the board;
(xxxv) The Wyoming gaming commission;
(xxxvi) The board of nursing home administrators for
purposes of obtaining background information on applicants for
licensure by the board under title 33, chapter 22 of the Wyoming
statutes;
(xxxvii) The board of psychology for purposes of
obtaining background information on persons applying for
licensure or certification under title 33, chapter 27 of the
Wyoming statutes;
(xxxviii) The board of occupational therapy for
purposes of obtaining background information on currently
licensed occupational therapists and occupational therapist
assistants applying for a compact privilege under the
Occupational Therapy Licensure Compact as provided in W.S. 33-
40-201 through 33-40-216;
(xxxix) Any professional licensing board, commission,
commissioner or authority that otherwise has authority to
receive criminal history record information under this
subsection, for purposes of obtaining criminal history
background information for pre-application determination in
accordance with W.S. 33-1-304(e);
(xl) The governor for purposes of obtaining the
criminal background history of an employee, intern, applicant
for employment or applicant for an internship in the governor's
office;
(xli) The Wyoming stable token commission for
purposes of W.S. 40-31-103(b)(iv) and 40-31-105(c)(vii);
(xlii) The board of chiropractic examiners for
purposes of obtaining background information on persons applying
for initial licensure under title 33, chapter 10 of the Wyoming
statutes, and for purposes of investigation of complaints and
disciplinary action against licensees of the board.
(b) Notwithstanding subsection (a) of this section, the
division may disseminate criminal history record information to
central repositories of other states and to the Federal Bureau
of Investigation in accordance with rules and regulations
promulgated by the division governing participation in an
interstate system for the exchange of criminal history record
information, and upon assurance that the information will be
used only for purposes that are lawful under the laws of the
other states involved or the laws applicable to the Federal
Bureau of Investigation.
(c) All applications or requests to the division for
criminal history record information submitted by the record
subject or any other person except a criminal justice agency or
the department of family services, shall be accompanied by the
record subject's fingerprints in addition to any other
information required by the division.
(d) No criminal justice agency or individual employed by
the agency shall confirm the existence or nonexistence of
criminal history record information to any person that would not
be eligible to receive the information.
(e) Nothing in this act prohibits the dissemination of
conviction data for purposes related to the issuance of visas
and the granting of citizenship.
(f) Each person requesting criminal history record
information from the division or a criminal justice agency shall
upon request be advised in writing whether the person is found
to be eligible or ineligible for access.
(g) No information shall be disseminated by the division
or by any criminal justice agency to any person or agency prior
to determination of eligibility.
(h) Each criminal justice agency holding or receiving
criminal history record information shall maintain dissemination
logs and other records relative to the release of the
information in accordance with rules promulgated by the
division.
(j) No criminal history record information released to an
authorized recipient shall be released, used or disseminated by
that recipient to any other person for any purpose not included
in the original request except that the record subject may make
further dissemination in his discretion.
(k) Notwithstanding subsection (a) of this section, the
division may disseminate criminal history record information
concerning a record subject, or may confirm that no criminal
history record information exists relating to a named
individual:
(i) In conjunction with state or national criminal
history record information check under W.S. 7-19-201; or
(ii) If application is made for a voluntary record
information check, provided:
(A) The applicant submits proof satisfactory to
the division that the individual whose record is being checked
consents to the release of the information to the applicant;
(B) The application is made through a criminal
justice agency in this state authorized to access criminal
history record information maintained by the division which
application shall then be forwarded to the division by the
criminal justice agency; and
(C) The applicant pays the fees required by W.S.