§ 7-19-309 — 7-19-103. Definitions

Wyoming § 7-19-309

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

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(a) As used in this act:
(i) "Conviction data" includes records indicating
criminal justice transactions related to an offense that have
resulted in a conviction, guilty plea or a plea of nolo
contendere of an individual;
(ii) "Criminal history record information" means
information, records and data compiled by criminal justice
agencies on individuals for the purpose of identifying criminal
offenders consisting of identifiable descriptions of the
offenders and notations or a summary of arrests, detentions,
indictments, information, pre-trial proceedings, nature and
disposition of criminal charges, sentencing, rehabilitation,
incarceration, correctional supervision and release. Criminal
history record information is limited to information recorded as
the result of the initiation of criminal proceedings. It does
not include intelligence data, analytical prosecutorial files,
investigative reports and files or statistical records and
reports in which individual identities are not ascertainable,
any document relating to restoration of voting rights, or any
document signed by the governor granting a pardon, commutation
of sentence, reprieve, remission of fine or forfeiture or a
restoration of civil rights;
(iii) "Criminal justice agency" means any agency or
institution of state or local government other than the office
of the public defender which performs as part of its principal
function, activities relating to:
(A) The apprehension, investigation,
prosecution, adjudication, incarceration, supervision or
rehabilitation of criminal offenders;
(B) The collection, maintenance, storage,
dissemination or use of criminal history record information.
(iv) "Division" means the Wyoming division of
criminal investigation within the office of the attorney
general;
(v) "High misdemeanor" means a misdemeanor for which
the penalty authorized by law exceeds the jurisdiction of
municipal courts;
(vi) "Interstate system" means all agreements,
arrangements and systems for the interstate transmission and
exchange of criminal history record information. The term does
not include record keeping systems in the state maintained or
controlled by any state or local agency, or group of agencies,
even if the agencies receive or have received information
through, or otherwise participate or have participated in,
systems for the interstate exchange of criminal history record
information;
(vii) "Nonconviction data" means arrest information
in cases in which:
(A) There has been an acquittal, dismissal or
annulment of verdict or plea;
(B) An interval of one (1) year has elapsed from
the date of arrest and no active prosecution of the charge is
pending;
(C) A law enforcement agency has elected not to
refer a matter to a prosecutor;
(D) A prosecutor has elected not to commence
criminal proceedings; or
(E) The proceedings have been indefinitely
postponed.
(viii) "State" means the state of Wyoming;
(ix) "System of record" means any group of records
under the control of a criminal justice agency from which
information is retrieved using the name of the individual or
some identifying number, symbol or other identifier particularly
assigned to the individual. The term does not include records
that are maintained only in chronological order or by numbers
which are not particular to individuals;
(x) "This act" means W.S. 7-19-101 through 7-19-109.