A Former Prosecutor Defending Clients in Wyoming and South Dakota
You can ask the court to expunge a conviction after your sentence is complete. These records do not disappear, but they are removed from public records and only used for court purposes. Whether you qualify depends on the state and the charge.
Your record can be expunged if you are a juvenile with a non-violent misdemeanor or ordinance conviction who is turning 18 with no other convictions. For adults misdemeanors, you must:
If you have a felony conviction you must:
Your criminal conviction can be expunged if you:
A criminal conviction for a sex offense often means you need to register as a sex offender. Sex offenders must provide law enforcement with the following:
It is up to the sex offender to keep this information up to date. In Wyoming, registration lasts for 10 years unless the conviction is aggravated or a second offense.
Information regarding a sex offender's residence, place of employment, and other details are made part of a public online registry. The state may also send out notification to neighbors if the court believes there is a risk of repeated offense.
The terms of your probation, including how long it lasts, will be laid out in the order of probation, which describes what you are required to do. The most basic terms of probation require a criminal defendant to:
Depending on the charge and the circumstances in your case you may also be required to:
If you are convicted of a felony, you may lose certain rights:
You may also lose your freedom during the jail or prison sentence, and may have additional restrictions placed on you as terms of your probation. Felons are also required to submit to DNA testing.
The judge will evaluate several factors to decide your sentence, including:
In misdemeanor cases, the decision is made without independent investigation, and is at the judge's discretion up to a maximum by the law. In felony cases, a pre-sentence investigation report will result in sentencing guidelines, which are a range of possible jail or prison times. The court may also consider alternative programs like inpatient substance abuse treatment or probation. Your criminal defense attorney will argue on your behalf to help reduce your sentence.
If you have been arrested and are facing criminal charges in Wyoming, you should expect to show up in court on several occasions: