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HB0204 • 2005

Expungement of criminal records.

AN ACT relating to criminal procedure; clarifying when expungement of certain criminal records can occur; and providing for an effective date.

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor
Representative Luthi
Last action
2005-02-25
Official status
enrolled
Effective date
2/25/2005

Plain English Breakdown

The plain English breakdown is still being put together. The official documents below are already here.

Bill History

  1. 2005-02-25 LSO

    Assigned Chapter Number - 137

  2. 2005-02-25 Governor

    Governor Signed HEA0063

  3. 2005-02-22 Senate

    S President Signed HEA No. 0063

  4. 2005-02-22 House

    H Speaker Signed HEA No. 0063

  5. 2005-02-18 LSO

    Assigned Number HEA0063

  6. 2005-02-18 Senate

    S Passed 3rd Reading

  7. 2005-02-17 Senate

    S Passed 2nd Reading

  8. 2005-02-16 Senate

    S Passed CoW

  9. 2005-02-14 Senate

    S Placed on General File

  10. 2005-02-14 Senate

    S01 Recommended Do Pass

  11. 2005-01-31 Senate

    S Introduced and Referred to S01

  12. 2005-01-28 Senate

    S Received for Introduction

  13. 2005-01-28 House

    H Passed 3rd Reading

  14. 2005-01-27 House

    H Passed 2nd Reading

  15. 2005-01-26 House

    H Passed CoW

  16. 2005-01-24 House

    H Placed on General File

  17. 2005-01-24 House

    H01 Recommended Do Pass

  18. 2005-01-14 House

    H Introduced and Referred to H01

  19. 2005-01-14 House

    H Received for Introduction

  20. 2005-01-13 LSO

    Bill Number Assigned

Official Summary Text

2005 General Session Summary for HB0204

Bill
No.:
HB0204
Drafter:

LGC

LSO
No.:
05LSO-0428
Effective Date:

2/25/2005

Enrolled
Act No.:
HEA0063

Chapter
No.:
137

Prime
Sponsor:
Representative Luthi

Catch
Title:
Expungement of criminal records.

Subject:
Clarifies
when a person can petition for expungement of criminal records.

Summary/Major
Elements:

Clarifies when a
person can petition for expungement of criminal records.

Clarifies that a person may not petition for expungement of a criminal
record if the case resulted in a disposition under W.S. 7-13-301, 35-7-1037 or
former 7-13-203 which provide for probation in lieu of conviction in specified
instances.

Current Bill Text

Read the full stored bill text 
WORKING DRAFT

ORIGINAL HOUSE

BILL

NO.
0204

ENROLLED ACT NO. 63, HOUSE OF REPRESENTATIVES

FIFTY-EIGHTH LEGISLATURE OF THE STATE OF WYOMING
2005 GENERAL SESSION

AN ACT relating to criminal procedure; clarifying when expungement of certain criminal records can occur; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 7
‑
13
‑
1401(a)(i)(intro) and (A) is amended to read:

7
‑
13
‑
1401.

Petition for expungement; records of arrest, dismissal of charges, disposition; eligibility; no filing fee.

(a)

A person may petition the court in which a proceeding occurred, or would have occurred, for an order expunging records of arrest, charges or dispositions which may have been made in the case, subject to the following limitations:

(i)

At least one hundred eighty (180) days have passed since the arrest, or from the date the charge or charges were dismissed for which expungement is sought, there are no formal charges pending against the person when the petition is filed,
there were no dispositions pursuant to W.S. 7
‑
13
‑
301 to any charge or charges as the result of the incident leading to the arrest, including dispositions to a different or lesser charge, there were no dispositions pursuant to W.S. 35
‑
7
‑
1037 to any charge or charges as the result of the incident leading to the arrest, including dispositions to a different or lesser charge, there were no dispositions pursuant to former W.S. 7
‑
13
‑
203 to any charge or charges as the result of the incident leading to the arrest, including dispositions to a different or lesser charge,
the petitioner sufficiently demonstrates that his petition satisfies all the requirements of this section, and at least one (1) of the following applies:

(A)

There were no convictions pursuant to any charge or charges, including a conviction pursuant to a different or lesser charge as the result of the incident leading to the arrest
;
, there were no dispositions pursuant to W.S. 7
‑
13
‑
301 to any charge or charges as the result of the incident leading to the arrest, including dispositions to a different or lesser charge, there were no dispositions pursuant to W.S. 35
‑
7
‑
1037 to any charge or charges as the result of the incident leading to the arrest, including dispositions to a different or lesser charge, and there were no dispositions pursuant to former W.S. 7
‑
13
‑
203 to any charge or charges as the result of the incident leading to the arrest, including dispositions to a different or lesser charge;

Section 2.
This act is effective immediately upon co
m
pletion of all acts necessary for a bill to become law as provided by Article 4, Section 8 of the Wyoming Constit
u
tion.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1