Expungement & Rights Restoration in Gillette, WY

Expungement and Record Clearing in Gillette, WY

A background check doesn’t care about your case being ten years old. A minor offense from your twenties or an arrest that didn’t lead to a criminal charge can still cost you a job, an apartment or a professional license. Wyoming law provides many people with a way to have those records sealed, but nothing happens automatically.

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    Home » Criminal Defense » Expungement & Restoration of Rights » Expungement and Record Clearing in Gillette, WY

    What Is Expungement in Wyoming?

    Under W.S. § 7-13-1401(j), expungement means your record in the state central repository is reclassified so it cannot be released to the public. The court file is also sealed.

    Sealing, Not Destroying

    • Public background checks no longer show the record. 
    • The court file can only be accessed by order of the court. 
    • Law enforcement and criminal justice agencies may still have access to it. 
    • Old news articles and police investigation files are not deleted. 

    Juvenile records work differently in Wyoming. When a juvenile record is expunged, it is permanently destroyed and not just sealed.

    Who Can See a Sealed Record?

    Once an order has been granted, private employers and landlords usually can’t see the record and you don’t usually have to disclose it. For expunged arrests, the statute allows you to answer questions as if the arrest never occurred. A few narrow exceptions exist, so talk to us before filing a law enforcement or licensing application.

    What Wyoming Will and Will Not Expunge

    Three Paths to a Cleaner Record

    • Arrests and dismissals under § 7-13-1401, with no conviction.
    • Misdemeanor convictions under § 7-13-1501, if no firearm was involved. You get one.
    • Non-violent felony convictions under § 7-13-1502, if you don’t have any other felonies on your record. Also, you get one.

    Offenses That Can Never Be Expunged

    The felony statute lists offenses that are permanently ineligible, including:

    • Violent felonies, such as murder, manslaughter, kidnapping, robbery, sexual assault, and aggravated assault.
    • Sex offenses, including any offense that requires sex offender registration.
    • Child abuse and sexual exploitation of children.
    • Aggravated homicide by vehicle, drug-induced homicide, and other aggravated homicides.
    • Felonies involving the use of firearms and weapons, including felony weapons offenses.
    • Repeat domestic battery, bribery, and escape.

    The Deferred Sentence Gap

    If your case was dismissed after a deferral under W.S. § 7-13-301, you might assume that clearing it is easy. However, this is not the case. The arrest statute specifically excludes these cases, and the judicial branch says they do not qualify under the misdemeanor statute either. If this is your situation, please call us before filing anything.

    The Expungement Petition Process in Campbell County

    1. Pull your Wyoming criminal history. Request a report from the Division of Criminal Investigation (DCI) to find out exactly what’s in their files and when each case was closed.
    2. File a verified petition with the convicting court. The petition has been sworn and it will be heard by the court that originally heard your case.
    3. Serve the right parties. The Campbell County Attorney must be served. For conviction petitions, DCI must also be served. The prosecutor then notifies any identifiable victims.
    4. Wait out the objection window. The prosecutor has 20 days to object to an arrest petition, 30 days for a misdemeanor, and 90 days for felony. No order can be entered before that window closes.
    5. Hearing and ruling. Without objection, the judge may grant a petition without hearing. If there is an objection, a hearing is set by the court to decide whether you are eligible and whether you pose a “substantial danger” to yourself, the victim, or society.

    Firearm and Voting Rights After Expungement

    State Firearm Rights

    Since 2023, Wyoming has barred anyone with a felony conviction from owning firearms. Felony expungements under § 7-13-1502 restore the rights lost due to that conviction, including state firearm rights. Some non-violent first-time offenders can also regain these rights five years after their sentences end.

    Federal Law Is a Separate Question

    Federal law under 18 U.S.C. § 922(g) has its own rules, and the exact wording of your expungement order matters. Domestic violence convictions are the most common trap. Do not buy or possess a firearm after expungement until an attorney has reviewed your federal status.

    Voting Rights

    If your record has a single non-violent felony, Wyoming automatically restores your voting rights when you complete your sentence, and the Department of Corrections will issue a certificate. Felony expungements restore any rights that have been lost.

    Related Charges We Also Defend

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    Felonies Non-violent felony convictions may qualify for expungement after the applicable waiting period.
    Misdemeanors Many misdemeanor convictions are eligible for expungement in Wyoming.
    Drug Crimes Drug convictions are among the most common expungement cases we handle.
    DUI / DWI DUI expungement eligibility depends on the offense level and your history.
    Juvenile Crimes Juvenile records are not automatically sealed — expungement requires a petition.
    Gun Crimes Firearms rights restoration is a separate process from criminal record expungement.

    Why Clients in Wyoming and South Dakota Choose Just Criminal Law

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    Our attorneys spent years working for the state before switching sides. We know exactly how prosecutors build cases and exactly where to find the holes.

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    25+ Years of Success

    Real Results for Wyoming & South Dakota Clients

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      Other
      Suppression Appeal — Wyoming Supreme Court

      District Court denied motion to suppress. Wyoming Supreme Court accepted certiorari on appeal.

      Barney v. State of Wyoming — Wyoming Supreme Court

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      CASE DISMISSED
      Reckless Endangering / Domestic Battery / Child Endangering — Wyoming

      Client charged with reckless endangering, domestic battery, and child endangering. All charges dismissed.

      State v. Quezada-Lopez — Wyoming Circuit Court

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      CASE DISMISSED
      DUI / DWUI — Wyoming

      Client charged with DUI. State unable to lay foundation for the breath test. Case dismissed.

      State v. Von Olnhausen — Wyoming Circuit Court

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      CASE DISMISSED
      Felony Child Abuse — Wyoming

      Client charged with accessory after the fact and aggravated child abuse — a felony. State unable to meet its burden of proof at preliminary hearing. Felony count dismissed.

      State v. Bullinger — Wyoming District Court

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    Frequently Asked Questions About Expungement in Gillette, WY

    It depends on what kind of felony it is. Under Wyo Stat. § 7-13-1401, non-violent felonies may be eligible for expungement after a waiting period, as long as you don’t get any more convictions and meet the other requirements. Most of the time, violent felonies and sexually transmitted diseases don’t qualify. It takes longer to get rid of a felony than a misdemeanor. We look at each case on its own. The charge alone doesn’t always make it clear if you are eligible, so it’s worth talking to us to find out where you stand.

    The process usually takes a few months after a petition is filed. In some cases, the court needs to notify law enforcement, prosecutors, and victims, and then set a hearing. The record will be sealed if no one objects and the court grants the petition. The whole process, from filing to final order, usually takes 90 to 180 days, but this can change depending on the county and court docket. We take care of everything for our clients.

    No, not automatically. Under Wyoming Stat. § 6-8-105, there is a separate petition process to regain your right to own guns for some felony convictions that don’t involve violence. Federal law, on the other hand, decides who can own guns on its own. This means that a Wyoming state court order restoring rights does not always override federal gun bans. In this area, state and federal gun laws really do interact in a complicated way. We always give our clients an honest assessment of what is and isn’t possible.

    No. Wyoming expungement makes the record private, so it won’t show up on background checks that employers and landlords use. But the record is still there. Law enforcement, courts, and some licensing boards can still see it. Also, if you are found guilty of another crime after the expunged conviction, it may be taken into account when deciding your sentence. Expungement is a useful and important step, but it’s important to know exactly what it does and doesn’t do.

    Yes, and this is usually the easiest case to get rid of. Under Wyoming law, you can get rid of arrests that didn’t lead to a conviction, like cases that were thrown out or where you were found not guilty. In general, the waiting time and requirements are less strict than they are for expungements of convictions. We can help you petition to have your arrest record sealed if it is affecting your life, even if you have never been convicted.

    For misdemeanor convictions, the usual waiting period is five years after the sentence is over, including any probation or supervision. The waiting period is longer, and the eligibility is more limited for felony convictions. You can’t get any more convictions during the waiting period. If you are found guilty of another crime, the clock starts over. We can figure out when you can file based on your conviction and sentence. We can also tell you when and if you should file.

    Wyoming Criminal Defense — Communities We Serve

    We are based in Gillette, Wyoming, and serve clients across the state and into western South Dakota. Our team knows the local courts, prosecutors, and judges in every community we serve — and that local knowledge makes a real difference in criminal defense.

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    Request Your Free Expungement Consultation

    Applying for expungement or restoration of rights is not easy, especially when you have to deal with the different laws in Wyoming and South Dakota. A lawyer with experience can help you figure out if you qualify, understand the legal requirements, and im

      Start Your Case Review

      Same-day case reviews are free. Limited availability.

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