§ 7-13-105 — Certificate of restoration of rights; procedure for restoration in general; procedure for restoration of voting rights for nonviolent felonies; filing requirements

Wyoming § 7-13-105

• Jurisdiction: Wyoming
• Title 07: Criminal Procedure
• Ch. 13: SENTENCE AND IMPRISONMENT
• Art. 1: IN GENERAL

Text

(a) Subject to subsections (h) and (j) of this section,
upon receipt of a written application, the governor may issue to
a person convicted of a felony a certificate which restores the
rights lost pursuant to W.S. 6-10-106 when:
(i) His term of sentence expires; or
(ii) He satisfactorily completes a probation period.
(b) Subject to subsections (h) and (j) of this section,
the department of corrections shall issue a certificate of
restoration of voting rights as provided in this subsection and
subsection (c) of this section. Upon issuance of a certificate,
voting rights lost pursuant to W.S. 6-10-106 shall be deemed
restored. The department of corrections shall automatically
issue a person convicted of a nonviolent felony or nonviolent
felonies arising out of the same occurrence or related course of
events a certificate of restoration of voting rights if:
(i) The person has not been convicted of any other
felony other than convictions arising out of the same occurrence
or related course of events for which restoration of rights is
certified; and
(ii) The person has completed all of his sentence,
including probation or parole, and before conviction the person
had the right to vote or would have had the right to vote upon
attaining the age of eighteen (18) years.
(iii) Repealed by Laws 2017, ch. 189, § 2.
(c) The department of corrections shall issue a
certificate of restoration of voting rights to eligible persons
as follows:
(i) For persons convicted of a nonviolent felony or
nonviolent felonies under the laws of the state of Wyoming
arising out of the same occurrence or related course of events
who completed their sentence before January 1, 2010, the
department shall require receipt of a written request on a form
prescribed by the department and issue each eligible person a
certificate of restoration of voting rights following a
determination that the person has completed his sentence,
including probation and parole. The department shall not require
an application for restoration before issuing a certificate to
eligible persons who complete their sentence on and after
January 1, 2010;
(ii) For persons convicted of a nonviolent felony or
nonviolent felonies under the laws of another state arising out
of the same occurrence or related course of events, the
department shall issue each eligible person a certificate of
restoration of voting rights upon receipt of a written request
on a form prescribed by the department and following a
determination that the person has completed his sentence,
including probation and parole.
(d) The department of correction's determination that a
person is ineligible for a certificate of restoration of rights
under subsections (b), (c) or (f) of this section is a final
action of the agency subject to judicial review. The clerk of
the district court and the division of criminal investigation
shall cooperate with the department of corrections in providing
information necessary for determining a person's eligibility to
receive a certificate of restoration of rights. The department
of corrections shall notify the secretary of state when any
person's voting rights have been restored. The department of
corrections shall submit the certificate of restoration of
voting rights to the clerk of the district court in which the
person was convicted and the clerk shall file the certificate in
the criminal case in which the conviction was entered.
(e) As used in this section:
(i) "Same occurrence or related course of events"
means the same transaction or occurrence or a series of events
closely related in time or location;
(ii) "Violent felony" means as defined by W.S. 6-1-
104(a)(xii), including offenses committed in another state which
if committed in this state would constitute a violent felony
under W.S. 6-1-104(a)(xii). "Nonviolent felony" includes all
felony offenses not otherwise defined as violent felonies.
(f) Subject to subsections (h) and (j) of this section,
all other rights a person has lost pursuant to W.S. 6-10-106
shall be restored five (5) years after the person has completed
their sentence, including applicable periods of probation or
parole. A person shall only be eligible for restoration of their
rights under this subsection if the person has not been
convicted of any other felony other than convictions arising out
of the same occurrence or related course of events for which
restoration of rights is to be certified. The date on which all
rights are restored under this subsection shall be noted on a
certificate issued by the department which shall be the same
certificate issued under subsections (b) and (c) of this section
if the certificate is issued on or after July 1, 2023, or a
separate certificate issued upon receipt of a written request on
a form prescribed by the department for a person eligible for
restoration of rights under this subsection prior to July 1,
2023. A conviction for a new felony upon the issuance of any
certificate under this section shall render the certificate void
in accordance with subsection (h) of this section.
(g) When a certificate of restoration of rights is issued
pursuant to subsections (a) or (f) of this section, the
department of corrections shall:
(i) Notify the federal bureau of alcohol, tobacco,
firearms and explosives;
(ii) File a copy of the certificate with the
secretary of state;
(iii) Notify the division of criminal investigation.
(h) Upon conviction of a new felony under the laws of the
state of Wyoming, the laws of another state or federal law on or
after the date a certificate of restoration of rights is issued
under this section, the certificate shall automatically be void
and all rights that were deemed restored by the certificate
shall no longer be deemed restored.
(j) A person shall only be eligible for a certificate of
restoration of rights under this section as follows:
(i) Under subsection (a) of this section if the
person was convicted of a felony under the laws of the state of
Wyoming or another state;
(ii) For purposes of the restoration of rights to
possess a firearm, under subsection (f) of this section if the
person was convicted of a nonviolent felony or nonviolent
felonies arising out of the same occurrence or related course of
events under the laws of the state of Wyoming;
(iii) Under subsections (b) and (c) of this section
if the person was convicted of a nonviolent felony or nonviolent
felonies arising out of the same occurrence or related course of
events under the laws of the state of Wyoming or another state.