Expungement of juvenile records.

2018
STATE OF WYOMING
18LSO-0466
ENGROSSED
2.1

HOUSE BILL

NO.
HB0114

Expungement of juvenile records.

Sponsored by:
Representative(s) Pelkey, Barlow, Biteman, Blackburn, Bovee, Clem, Connolly, Lindholm and Miller and Senator(s) Bouchard, Case, Driskill and Rothfuss

A BILL

for

AN ACT relating to criminal procedure and juveniles; amending expungement provisions to allow the state or a municipality to petition for the expungement of juvenile records; providing that filing fees for petitions to expungement juvenile records are not required; 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)(intro) and b
y creating a new subsection (k) and
14
‑
6
‑
241(a) and by creating new subsection
s
(d)
and (e)
are amended to read:

7
‑
13
‑
1401
.

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

(a)

A person
,
or the state
with regard to
a petition for the expungement of record
s
pertaining to a juvenile,

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:

(k)

The state may file a petition for the expungement of a juvenile arrest record without service on the juvenile.

14
‑
6
‑
241
.

Expungement of records in juvenile and municipal courts.

(a)

Any person adjudicated delinquent
as a result of
having committed a delinquent act
,
other than a violent felony as defined by W.S. 6
‑
1
‑
104(a)(xii), under the provisions of this act may petition the court for the expungement of his record in the juvenile court upon 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. Copies of the order 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.

(d)

T
he state
or municipality
may petition

the court for the expungement of a record in the juvenile court
,
circuit court or municipal court
pursuant to
subsection
s
(a)
through (c)
of this section,
upon the person
who was
adjudicated delinquent
or convicted
reaching the age of majority.

(e)

N
o filing fee
shall be
required
for
a petition for the expungement of a juvenile record.

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)

1
HB0114