§ 14-6-241 — Expungement of records in juvenile, circuit and municipal courts

Wyoming § 14-6-241

• Jurisdiction: Wyoming
• Title 14: Children
• Ch. 6: JUVENILES
• Art. 2: JUVENILE JUSTICE ACT

Text

(a) Any person adjudicated delinquent as a result of
having committed a delinquent act other than a violent felony as
defined by W.S. 6-1-104(a)(xii), under the provisions of this
act may petition the court for the expungement of his record in
the juvenile court upon reaching the age of majority. 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. 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 an objection is filed and after
investigation the court finds that the petitioner has not been
convicted of a felony since adjudication, that no proceeding
involving a felony is pending or being instituted against the
petitioner and the rehabilitation of the petitioner has been
attained to the satisfaction of the court or the prosecuting
attorney, it shall order expunged all records in any format
including electronic records in the custody of the court or any
agency or official, pertaining to the petitioner's case. 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 subsection. Copies of the order shall be sent
to each agency or official named in the order. The prosecuting
attorney, to the extent practicable and if the state filed the
petition for expungement as authorized by W.S. 7-13-1401, shall
inform the juvenile of the order of expungement and of the
practical effects of the expungement. Upon entry of an order
the proceedings in the petitioner's case are deemed never to
have occurred and the petitioner may reply accordingly upon any
inquiry in the matter.
(b) The record of a minor convicted of a violation of a
municipal ordinance may be expunged in the same manner as
provided in subsection (a) of this section by petition to the
municipal court.
(c) The record of a minor convicted of a misdemeanor in
circuit court may be expunged in the same manner as provided in
subsection (a) of this section by petition to the circuit court.
(d) The record of a minor admitted to a diversion program
or granted a deferral pursuant to Wyoming statute may be
expunged in the same manner and subject to the same limitations
as provided in subsection (a) of this section by petition to the
court ordering the diversion program or deferral.
(e) A record of arrest, charges or disposition of a minor
resulting in dismissal, declined prosecution or otherwise not
resulting in a conviction or an adjudication of delinquency or
an adjudication of being a child in need of supervision may be
expunged in the same manner and subject to the same limitations
as provided in subsection (a) of this section by petition to the
court.
(f) For purposes of this section, "expungement" means to
permanently destroy or delete all records, including physical
and electronic records, documents and images of documents. If a
minor's name appears on a court list, index or other compilation
containing other information not subject to expungement,
"expungement" means to redact by obliterating the minor's name
from the record.
(g) After an order of expungement issued under this
section, no record of the minor's identification may be retained
by any law enforcement agency, the juvenile court, or by any
municipal court, circuit court or any state agency or department
except as follows:
(i) An agency may retain records to comply with
federal reporting requirements. Records kept under this
paragraph shall not be otherwise disclosed or released except
for the federal reporting purposes and shall be expunged within
ten (10) years of the completion of the initial court case;
(ii) Expungement of electronic records in a backup
database may be completed upon restoration of the backup
database, provided that the backup database is not accessible
until restored. Any law enforcement agency, court or state
agency subject to this paragraph shall implement policies and
procedures to ensure expungement of records following
restoration of a backup database.
(h) The state or municipality may petition the court for
the expungement of a record in the juvenile court, circuit court
or municipal court pursuant to subsections (a) through (c) of
this section, upon the person who was adjudicated delinquent or
convicted reaching the age of majority.
(j) No filing fee shall be required for a petition for the
expungement of a juvenile record under this section.