Juvenile records-expungement.

2015
STATE OF WYOMING
15LSO-0029
ENGROSSED
3.1

HOUSE BILL

NO.

HB0123

Juvenile records-expungement.

Sponsored by:
Representative(s) Throne, Esquibel, K. and Halverson and Senator(s) Burns and Craft

A BILL

for

AN ACT relating to juveniles; providing for expungement of juvenile records as specified; providing prosecutorial discretion to petition to postpone expungement; providing conforming amendments; and providing for an effective date.

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

Section 1
.

W.S. 14
‑
6
‑
241
and 14
‑
6
‑
503(
d) are

amended
to read:

14
‑
6
‑
241
.

Expungement
of records in juvenile and municipal courts.

(a)

Except as provided herein, the juvenile court shall order the
expungement
of records of a
ny person
adjudicated delinquent as a result of having committed a delinquent act other than a viol
ent felony as defined by W.S. 6
‑
1
‑
104(
a)(xii)

or a violation of a state or municipal traffic law or ordinance
, under the provisions of this act
may petition the court for the
expungement
of his record in the juvenile court
upon
the person
reaching the age of majority.
If after investigation the court finds that the petitioner has not been convicted of a felony since adjudication, that no proceeding involving a felony is pending or being instituted against the petitioner and the rehabilitation of the petitioner has been attained to the satisfaction of the court or the prosecuting attorney, it shall order expunged all records in the custody of the court or any agency or official, pertaining to the petitioner
'
s case.
The district attorney may petition the court to postpone the
expungement
of juvenile court records under this section prior to the person reaching the age of majority
. The
person whose
expungement
of records is challenged
shall be given notice and opportunity to contest the district attorney
'
s petition. If the court determines that there is good cause to delay the
expungement
of records under this section, the court shall
deny
the
expungement
.

No less than three (3) years from the issuance
of an order denying
expungement
, the person may petition the court for
expungement
of juvenile court records under this section.

Copies of the order
of
expungement

shall be sent to each agency or official named in the order. Upon entry of an order the proceedings in the petitioner
'
s case are deemed never to have occurred and the petitioner may reply accordingly upon any inquiry in the matter.

(b)

The record of a violation of municipal ordinances
may
shall

be expunged in the same manner as provided in subsection (a) of this section by
petition to
the municipal court

and
expungement
may
be
postponed
in the same manner
as provided in subsection (a) of this section
.

(c)

The record of a minor convicted of a misdemeanor in circuit court
may
shall

be expunged in the same manner as provided in subsection (a) of this section by
petition to
the circuit court

and
expungement
may be postponed in the same manner as provided in subsection (a) of this section
.

(d)

Upon reaching the age of majority, a person may petition the court having appropriate jurisdiction for
expungement
of a conviction for a juvenile violation of a state or municipal traffic law or ordinance.

(e)

The court having appropriate jurisdiction over a person’s records shall notify the person at the time of a decision or adjudication of the person’s case and shall inform the person:

(
i
)

Whether the person’s records are set to be expunged under subsection (a), (b) or (c) of this section;

(ii)

Whether the person has the right to petition for
expungement
of the person’s records under subsection (d) of this section;

(iii)

That the district attorney may petition the court
to postpone
the
expungement
of records under this section and that the person shall be provided notice and opportunity to contest the district attorney’s petition.

(f)

As used in this section, “
expungement
” means the proceedings in a person's case are deemed never to have
occurred and the person may reply accordingly upon any inquiry in the matter.

14
‑
6
‑
503
.

Rights of victims to be informed during the delinquency proceeding
.

(d)

The prosecuting attorney shall notify in writing, or in person, victims who have participated in the delinquency proceedi
ngs of
an application for
the
expungement
of the juvenile
'
s records under W.S. 14
‑
6
‑
241
not less than six (6) months prior to the juvenile reaching the age of majority
. The victim
shall be afforded the opportunity to make a statement at the hearing on the application
may request that the prosecuting attorney petition the court to postpone the
expungement
pursuant to W.S. 14
‑
6
‑
241(
a). The prosecuting attorney shall exercise discretion when determining
whether to petition for postponement
of
expungement
of records pursuant to a request of a victim under this subsection
.

Section 2
.

This act shall apply to the
juvenile court proceedings
records of all
persons reaching the age of majority on or after the effective date of this act.

Section
3
.

This
act is effective July 1, 2015.

(END)

1
HB0123