Attorney for Expungement and Restoration of Rights

Proudly Serving Wyoming and South Dakota

Having a criminal record can make it more difficult to find a job, rent an apartment, or get into college or technical school. If you were convicted of a crime, you may have had to forfeit some of your rights, such as the right to vote, to serve on a jury, to hold office, and, in some cases, to bear arms.

If you have a criminal record in Wyoming or South Dakota, you might be eligible for an expungement and to seek restoration of your rights. However, the process can be complicated and differs significantly between the two states. An experienced expungement and restoration of rights attorney can help navigate these complex requirements.

What Is Expungement?

Expungement is the process of removing or having your criminal record sealed from public view. Once your criminal record has been expunged you can truthfully answer, in most circumstances, that you do not have a criminal record.

Important Note: Wyoming and South Dakota have very different expungement laws. The eligibility requirements, waiting periods, and types of offenses that can be expunged vary substantially between the two states.

Why Should You Have Your Record Expunged?

Criminal records are used for a variety of purposes, including background searches conducted by employers when applying for a job, when renting an apartment, and when applying for school. Having a criminal record can make it more difficult to get hired, find an apartment, or be accepted into the school of your choosing. By having your criminal record expunged, no one other than law enforcement can see your criminal record, which can make it easier to put your criminal record behind you and move forward with your future.

Criminal records are more than just court documents and convictions. They also include arrest records, even if the criminal charges were eventually dismissed. Criminal records can be difficult to understand, and it is helpful to have an attorney review your criminal record to determine whether your record can be expunged and to help you with the expungement process.

Wyoming Expungement Laws

Wyoming offers broader expungement opportunities than South Dakota, including the ability to expunge certain felony convictions.

Juvenile Records in Wyoming

If you have a criminal record as a juvenile (i.e., you committed a crime when you were under age 18), your juvenile record will be automatically sealed when you turn 21.

Types of Wyoming Expungement

Non-Conviction Expungement

If you were charged but never convicted in Wyoming, the record of your arrest can be expunged under W.S. §7-13-1401 if:

• At least 180 days have passed since the arrest or from when the criminal charge was dismissed;
• There are no formal charges pending when the expungement request is made; and
• At least one of the following is true:
  • 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
  • No criminal charges of any kind were filed against you as a result of the event that led to the arrest; or
  • The prosecutor or court dismissed all criminal charges against you relating to the event.

Misdemeanor Expungement

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

• 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;
• The misdemeanor did not involve the use of a gun; and
• You are not a substantial danger to yourself, any victim, or society.

Felony Expungement

If you were convicted of certain eligible felonies in Wyoming, you may be eligible for expungement under W.S. §7-13-1502 if:

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

Violent crimes, sexual crimes, and felony DWUIs are not eligible for expungement in Wyoming.

Wyoming Restoration of Rights

A person convicted of a felony in Wyoming forfeits many rights, including the right to vote, to serve on a jury, and to hold office. Violent offenders forfeit their right to bear arms.

• Voting Rights: First-time nonviolent felons automatically regain voting rights upon completion of their sentence. Others must petition the governor for a pardon or restoration.
• Jury Service: Wyoming provides automatic restoration of jury service rights five years after completion of sentence for first-time nonviolent offenders.
• Firearms Rights: To regain firearms rights, you must apply for a restoration of rights through the Department of Corrections under W.S. §7-13-105. The process is particularly complex for violent offenders or people with multiple criminal convictions.

South Dakota Expungement Laws

South Dakota has significantly more restrictive expungement laws than Wyoming. Most conviction expungement is limited to specific circumstances.

Types of South Dakota Expungement

Non-Conviction Expungement

If you were arrested but not convicted in South Dakota, you may be eligible for expungement under SDCL §23A-3-27 if:

• At least one (1) year has passed from the date of arrest if no accusatory instrument was filed;
• At least one (1) year has passed from the date the prosecuting attorney formally dismissed the entire criminal case on the record; or
• At any time after an acquittal; or
• Within one (1) year from the date of dismissal upon a showing of compelling necessity.

The process requires filing a motion with the court that would have had jurisdiction over the criminal case, and serving the motion to the prosecuting attorney's office at least 14 days before the hearing date.

Automatic Sealing

South Dakota law provides for automatic expungement under SDCL §23A-3-34 for:

• Petty offenses, municipal ordinance violations, or Class 2 misdemeanors after ten (10) years, if that is the highest charge in the record.

Conviction Expungement - Limited Eligibility

South Dakota has very limited options for expunging conviction records. Under SDCL §23A-3-26, you may be eligible if:

• You are at least 75 years old AND at least 10 years have passed since the offense; OR
• You were convicted of a misdemeanor offense that occurred at least ten (10) years before the petition date; OR
• You were convicted of a crime that is no longer a crime under South Dakota law; OR
• You are deceased (someone can petition on your behalf).

Important: Unlike Wyoming, South Dakota does not have a general felony expungement statute. Most felony convictions cannot be expunged unless you meet the age requirement (75 years old).

South Dakota Restoration of Rights

Voting Rights

The restoration of voting rights in South Dakota depends on when you were convicted:

• Convicted before July 1, 2012: Voting rights are restored upon release from prison.
• Convicted on or after July 1, 2012: Voting rights are restored upon completion of the entire sentence, including parole, probation, and payment of all court debt (fines, fees, and restitution).

Under SDCL §12-4-18, a person serving a felony sentence is removed from voter registration records and becomes eligible to register upon completion of their entire sentence.

Jury Service and Public Office

Under SDCL §23A-27-35, a sentence of imprisonment suspends the right to hold office and serve as a juror during the term of imprisonment. Under SDCL §16-13-10, any person convicted of a felony is not eligible to serve as a juror unless their civil rights have been restored.

Firearms Rights

Firearms rights in South Dakota are governed by SDCL §22-14-15 and §22-14-15.1:

• For crimes of violence or certain felony drug offenses under §22-42: Firearms rights are automatically restored 15 years after completion of sentence.
• For other drug-related felonies: Firearms rights are automatically restored 5 years after completion of sentence.
• For misdemeanor domestic violence: Firearms are prohibited for one (1) year from the date of conviction, then automatically restored.

Earlier restoration of firearms rights is possible through a pardon from the Governor, but the pardon document must specifically include firearms rights restoration (SDCL §24-14-12).

How a Lawyer Can Help with an Expungement

If you are considering expungement, a lawyer can help by:

• Obtaining your criminal record and reviewing it to determine whether you are eligible for expungement under Wyoming or South Dakota law
• Explaining the specific requirements and waiting periods that apply in your state
• Filing a Petition for Expungement with the appropriate court
• Representing you at any hearings if objections are raised
• Guiding you through the restoration of rights process

Once your record has been expunged, it can only be viewed by law enforcement. Other sources that previously published information about your criminal record, such as internet and newspaper articles, will remain available to the public.

Understanding the Differences Between Wyoming and South Dakota

The expungement and restoration of rights processes are significantly different between Wyoming and South Dakota:

Get Help from Just Criminal Law

At Just Criminal Law, criminal defense attorney Christina L. Williams and her dedicated team of criminal defense professionals are here to help with expungement and restoration of rights in both Wyoming and South Dakota.

Applying for expungement or restoration of rights is a complicated process, particularly when dealing with the different laws in Wyoming and South Dakota. An experienced lawyer can help you understand your eligibility, navigate the legal requirements, and increase your chances of success.

If a criminal conviction is making it more difficult for you to move forward towards a successful future, contact us today by calling (307) 300-2240.