A Former Prosecutor Defending Clients in Wyoming and South Dakota

​How to Have a Wyoming Assault Charge Expunged

Having a Wyoming assault charge expunged is the process or removing or sealing your criminal record from the public. Once you have successfully had your Wyoming assault charge expunged, you can truthfully answer, in limited circumstances, that you have not been charged with or convicted of an assault charge in Wyoming.

If you were convicted of assault as a juvenile (i.e. before you turned 18), your juvenile criminal record will be sealed when you turn 21.

As an adult you can expunge misdemeanor assault charges, and some felony assault charges. You must wait between 6 months and 10 years after your sentence has expired, and you must not have been convicted or pleaded guilty to any other ineligible offense.

Why Should Have a Wyoming Assault Charge Expunged?

Having a Wyoming assault charge on your record can make it more difficult to find a job, or rent a house or apartment. By removing or sealing a Wyoming assault charge, you improve your opportunities for a job, school, or housing.

Once you have a Wyoming assault charge expunged, no one other than law enforcement can see your criminal record, and you are not required to disclose the arrest or conviction to employers or anyone else.

When you have a Wyoming assault charge expunged, an order is sent to various law enforcement databases that your criminal record is not to appear on any standard background check.

If you have a Wyoming assault charge expunged you are allowed to truthfully answer, on private employment and rental housing applications, travel visas, and school applications, that you have never been arrested or convicted of the crime that is now expunged or under seal.

If you are applying for employment in the public sector, a professional license, a gun permit, or seeking a job with law enforcement, the courts, or the US military you must still disclose your arrest and conviction if requested. These agencies may or may not consider that your record was expunged.

If you have a Wyoming assault charge expunged and are later charged with another criminal offense, the court may consider the expunged offense for purposes of enhancing your charges or the eventual criminal sentence.

Can You Have a Wyoming Assault Charge Expunged?

Not all crimes can be expunged, so it’s important to understand what is contained in your criminal record, and what can be expunged. For example, if you were charged with assault in Wyoming but were not convicted, you still have a criminal record. That record can be expunged, but the record still exists.

Misdemeanor Wyoming Assault Charges Can be Expunged

If you were charged with Wyoming assault but were not convicted, your assault charge can be expunged under W.S. 7-13-1401. You qualify for expungement under W.S. 7-13-1401 if:

  1. At least 180 days have passed since the arrest or from when the criminal charge was dismissed;
  2. There are no formal charges pending when the expungement request is made; and
  3. At least one of the following is true:
    1. You were not convicted of any criminal charge relating to the event that led to the arrest (in other words, there was a full acquittal on all charges, if any); or
    2. no criminal charges of any kind were filed against you as a result of the event that led to the arrest; or
    3. the prosecutor or court dismissed all criminal charges against you relating to the event.

If you entered a guilty plea or were convicted of misdemeanor assault in Wyoming, you can apply for expungement under W.S. 7-13-1501 if:

  1. At least one (1) year has passed after the end of a sentence for a status offense (something that is only illegal for certain groups of people, such as consuming alcohol if you are under age 21) or at least five (5) years have passed since the end of a sentence for a non-status offense;
  2. The misdemeanor did not involve the use of a gun; and
  3. You are not a substantial danger to yourself, any victim, or society.

Expunging Felony Assault Charges

First and second degree assault and aggravated assault charges cannot be expunged in Wyoming.

If you were convicted of a felony assault charge that was not aggravated assault or a first or second degree felony, you may be able to seek expungement under W.S. 7-13-1502 if:

  1. At least ten (10) years have passed since:
    1. the end of the sentence, including probation; and
    2. the completion of any court-ordered program; and
    3. full payment of any court-ordered payment to the victims (restitution); and
  2. You have not plead guilty, no contest, or been convicted for any other felonies; and
  3. No guns were used in the felony for which you seek expungement; and
  4. You are not a substantial danger to yourself, any victim, or society.

You are only eligible for one expungement under this statute.

How Do You Have a Wyoming Assault Charge Expunged?

To have a Wyoming assault charged expunged, your attorney will begin by filing a Petition for Expungementwith the proper court. Usually you must seek expungement from the court that originally heard the case.

Once your lawyer has filed the Petition, depending on the case, it must be served upon the prosecuting attorney, the division of criminal investigation, and the victims of the crime being expunged. If any of these parties object to the expungement the court will schedule the matter for a hearing where the court will determine if the offense qualifies for expungement.

If the judge grants the expungement, the court’s file will be sealed and removed from public access. The court will send the Order for Expungement to the Division of Criminal Investigation and any related records, including arrest records, charging documents, and disposition will be removed from public access.

Once the record is expunged it can only be accessed by law enforcement.

Contact an Experienced Wyoming Criminal Defense Attorney to Have Your Wyoming Assault Charge Expunged

Wyoming’s expungement laws only apply in limited circumstances. Nonetheless, if you wish to have your Wyoming assault charged expunged you should contact an experienced Wyoming expungement and record sealing attorney to determine whether you are eligible and to discuss your options.

At The Law Office of Christina L. Williams, my team of criminal defense professionals will work tirelessly to have your Wyoming assault charge expunged.

Contact The Law Office of Christina L. Williams today for assistance having your Wyoming assault charge expunged. Call (307) 686-6556, email office@williams-criminallaw.com, or complete our online form.

DISCLAIMER: The information contained in this article is offered for educational purposes only. This information is not offered as legal advice. A person accused of a crime should always consult with an attorney before making decisions that have legal consequences.

Categories: Assault & Battery

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