Expungement



EXPUNGEMENT PACKET

RECORDS OF ARREST AND DISMISSAL OF CHARGES

OVERVIEW

Laws: All laws and rules that apply to attorneys apply to you. It is your responsibility to properly prepare and file the necessary documents. The Judge WILL NOT give you legal advice or make corrections for you.

You should read Wyoming Statute §7-13-1401 which pertains to expungements records of arrest, and dismissal of charges. You may also look up these laws and rules on the internet at: courts.state.wy.us and clicking on the “law library.”

Clerks MAY NOT help you fill out the forms.

The Judge CANNOT speak with you, answer your questions or assist you. Ex Parte communication is communication with the Judge with only one party present. If you have something you need to tell the Judge, you must ask for a hearing and give notice to the City Attorney or file a written statement in the Court file and send a copy of the written statement to the City Attorney.

Truthfulness. It is absolutely essential that you be completely honest and accurate in completing all forms. There are penalties for attempting to mislead the Court. You should read the Wyoming Rules of Civil Procedure, Rule 11 (representations to the court) and Wyoming Statute §6-5-301 (perjury).

Unauthorized Practice of Law Notice. The purpose of this packet is to assist those persons who are doing their own expungement. It may be the unauthorized practice of law for a person who is not a licensed attorney to assist others in obtaining an expungement. Such practice could subject a guilty party to punishment for contempt of court.

You are reminded that if you choose to continue without an attorney, you are expected to know what to do and how to do it. The Wyoming Supreme Court has said: “A pro se litigant (one without an attorney) will be granted no greater right than any other litigant and he must expect and receive…the same treatment as if represented by an attorney…” In other words, if you do not have an attorney you will be held to the same standards as a person with an attorney.

**The above overview information was taken from the Forms and Procedures Packet Published by the Wyoming Supreme Court.

CHECKLIST FOR ADULT STATUS OFFENSES EXPUNGMENT PACKET

STEP 1: The following information is required in all expungement cases. It is recommended that you complete all of these forms before you file the Petition for Expungement so that they will be ready to be filed at the appropriate time.

1. Completed and Notarized Petition for Expungement*

2. A Copy of the Original Judgment (if any), which can be obtained at the Municipal Court by filling out a Records Request form and providing $10.00 to the Court.

3. Records Request form

4. Request for Setting

5. Order for Criminal Record**

6. Order Granting Expungement

7. $100.00 filing fee

STEP 2: Make four copies of the above paperwork, one for the City Attorney, one for the Division of Criminal Investigation, one for your records, and one to file with the Court.

STEP 3: Mail a copy of the above paperwork to each of the following:

Casper City Attorney

200 N. David Street

Casper, WY 82609

Division of Criminal Investigation

208 S. College Drive

Cheyenne, WY 82002

STEP 4: File your paperwork with the Municipal Court at 201 N. David Street, Casper, WY 82609 5th floor.

STEP 5: 30 days must elapse, and then the Court will either:

1. Set a Hearing, Option A below;

2. Sign the Order Granting Expungement, Option B below.

Option A. The following instructions apply if the Court sets a hearing.

1. Bring a copy of all filed paperwork with you to the hearing.

2. Be prepared to answer questions by the Judge.

3. Victims who have filed objections may be allowed to testify at the hearing.

4. Any person who has relevant information about the Petitioner may testify at the hearing.

Option B. The following instructions apply if the Court signs the Order.

Your expungement is final, you should obtain a signed and file stamped copy from the Clerk. A copy of your final Order will be sent to the Department of Criminal Investigation and your file will be put under seal in the Municipal Court, only to be reviewed upon Order from the Court.

FINAL CHECKLIST

← Do you have your Docket Number and Name on all of the Documents?

← Did you sign the Petition in front of a notary?

← Did you request the Judgment and Sentence and Affidavit in the case from the Clerk at the Municipal Court by filling out the request for municipal court record check form if any?

← Did you pay the $10.00 fee for a record check?

← Did you sign the request for setting?

← Did you include the Order for Criminal Record or include a criminal background check obtained from the Department of Criminal Investigation?

← Did you include the Order Granting Expungement?

← Did you include $100.00 for the filing fee?

STATE OF WYOMING, COUNTY OF NATRONA

CITY OF CASPER, MUNICIPAL COURT

CITY OF CASPER )

)

Plaintiff, )

) Docket Number ________________

vs. ) Citation Number ________________

)

)

_________________ )

Defendant.

PETITION FOR EXPUNGMENT PURSUANT TO W.S. §7-13-1401

Defendant respectfully requests that this Court issue an order expunging the record in the above captioned case. In support of this petition, the Defendant states as follows:

1. That the Defendant is a resident of _____________, ________________ County, Wyoming.

2. That it has been at least one hundred eighty (180) days since the arrest, or from the date the charge or charges were dismissed for which expungement is sought.

3. That jurisdiction is proper in this Court pursuant to W.S. §7-13-1401.

4. That the Defendant has reached the age of majority, and there are no formal charges pending against the Defendant, and there were no dispositions pursuant to W.S. §7-13-301 or W.S. §35-7-1037 or former W.S. §7-13-203 to any charge or charges as the result of the incident leading to the arrest, including dispositions of a lesser or equal charge or charges.

5. That either:

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;

b. No criminal charges of any nature were filed in any court as the result of the incident leading to the arrest; or

c. All criminal proceedings against the person were dismissed by the prosecutor or the court, and such proceedings were the result of the incident which led to the arrest.

WHEREFORE, the Defendant requests that the Court enter its Order expunging all records in the custody of the Court or any agency or official pertaining to this case.

DATED this _____ day of ________________________, 20_____.

____________________________________

Defendant’s Signature

____________________________________

____________________________________

Mailing Address

____________________________________

Phone Number

VERIFICATION

STATE OF WYOMING )

) ss.

COUNTY OF NATRONA )

I, ______________________________________, Defendant in the above captioned matter of lawful age and being first duly sworn deposes and states that I have read the contents of the Petition herein and that the statements herein are true and correct.

_______________________________________

Defendant’s Signature

Sworn to and subscribed before me by _______________________________ this ________day of _____________________, 20____.

_______________________________________

Notarial Officer

My Commission Expires:

CERTIFICATE OF SERVICE

I hereby certify that on the ____ day of ________________, 20___, I served a true and correct copy of the foregoing Petition for Expungement upon the attorney for the City of Casper by mailing via the U.S. mail, postpaid, and addressed to the following:

Casper City Attorney’s Office

200 N. David Street

Casper, WY 82601

Division of Criminal Investigation

208 S. College Drive

Cheyenne, WY 82002

_______________________________________

Defendant's Signature

IN THE STATE OF WYOMING, COUNTY OF NATRONA

CITY OF CASPER, MUNICIPAL COURT

CITY OF CASPER, ) Docket Number _______________

Plaintiff, )

vs. )

) ss

________________________)

Defendant. )

REQUEST FOR MUNICIPAL COURT RECORD CHECK

***This request may take up to 10 business days for processing after a $10.00 fee for a records review is paid in full. This will include up to 20 pages of information, if any, and then $ 0.50 for each additional page thereafter.*****

NAME: _________________________________DATE:_______________________________

PHO NE: FAX: _________________________

EMAIL: _____________________________________________________________________

INFORMATION REQUESTED: ___________________________________________

____________________________________________________________________________________________________________________________________________

THE PURPOSE OF MY REQUEST FOR INFORMATION IS: __________________________________________________________________________________________________________________________________________________________________________________________________________________

The undersigned requests that the Clerk of Municipal Court check the records of the Municipal Court for the City of Casper for the requested information.

Signed: ____________________________________

Date: __________________________________

STATE OF WYOMING, COUNTY OF NATRONA

CITY OF CASPER, MUNICIPAL COURT

CITY OF CASPER )

)

Plaintiff, )

) Docket Number ________________

vs. )

)

)

_________________ )

Defendant.

REQUEST FOR SETTING

THE UNDERSIGNED hereby requests a court setting regarding the expungement of the record of the Defendant in the above captioned case.

Dated this ______ day of ________________20___.

________________________

Signature of Defendant

CERTIFICATE OF SERVICE

I hereby certify that on the ____ day of ________________, 20___, I served a true and correct copy of the foregoing request for setting upon the attorney for the City of Casper by:

( ) hand delivering to the office of the City Attorney

( ) mailing via the U.S. mail, postpaid, and addressed to the Assistant City Attorney,

200 N. David, Casper, WY 82601

_______________________________________

Defendant's Signature

STATE OF WYOMING, COUNTY OF NATRONA

CITY OF CASPER, MUNICIPAL COURT

CITY OF CASPER )

)

Plaintiff, )

) Docket Number ________________

vs. )

)

)

_________________ )

Defendant.

ORDER FOR CRIMINAL RECORD

THIS MATTER having come before the Court on the Petition for Expungement pursuant to W.S. §7-13-1401, and the Court having considered the matter, finds:

That pursuant to W.S. §7-13-1401 the court should order a criminal history report from the Wyoming Division of Criminal Investigation in order to be fully informed on the Petition.

NOW THEREFORE, it is hereby ordered that the Wyoming Division of Criminal Investigation shall provide this Court with a written report concerning the Defendant’s criminal history pursuant to the provision of W.S. §7-13-1401.

Upon receipt of this report by the Court, copies shall be provided to the Defendant and the City Attorney. The Court will then consider the Petition.

IT IS SO ORDERED, this ____ day of __________________, 20___.

________________________________

Municipal Court Judge

STATE OF WYOMING, COUNTY OF NATRONA

CITY OF CASPER, MUNICIPAL COURT

CITY OF CASPER )

)

Plaintiff, )

) Docket Number ________________

vs. )

)

)

_________________ )

Defendant.

ORDER GRANTING EXPUNGEMENT PURSUANT TO W.S. §7-13-1401

THIS MATTER having come before the Court on the Defendant’s verified Petition for Expungement Pursuant to W.S. §7-13-1401, filed with this Court on the ____ day of _____________, 20___, and after reviewing said Petition and the corresponding file, the Court FINDS as follows:

That the verified Petition contained a certificate of service certifying that the City Attorney was served a copy of the Petition;

That it has been at least one hundred eighty (180) days since the arrest, or from the date the charge or charges were dismissed for which expungement is sought.

That jurisdiction is proper in this Court pursuant to W.S. §7-13-1401.

That the Defendant has reached the age of majority, and there are no formal charges pending against the Defendant, and there were no dispositions pursuant to W.S. §7-13-301 or W.S. §35-7-1037 or former W.S. §7-13-203 to any charge or charges as the result of the incident leading to the arrest, including dispositions of a lesser or equal charge or charges.

That either:

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;

No criminal charges of any nature were filed in any court as the result of the incident leading to the arrest; or

All criminal proceedings against the person were dismissed by the prosecutor or the court, and such proceedings were the result of the incident which led to the arrest.

That after reviewing the Petition and the file, the Court finds that the Defendant is eligible for relief under W.S. §7-13-1401 and that the Defendant has shown good cause for granting said Petition;

That thirty (20) days have elapsed between the service on the City Attorney’s office and the date of this Order;

That given that no objections were filed by the City Attorney’s Office, and the fact that the Petitioner is eligible for an expungement, this court has the power, pursuant to W.S. §7-13-1401 to summarily enter this Order granting Petitioner’s requested expungement.

NOW THEREFORE, IT IS HEREBY ORDERED that Petitioner’s Petition for Expungement Pursuant to W.S. §7-13-1401 be, and is, GRANTED, and Petitioner’s record of arrest, charges or dispositions.

IT IS FURTHER ORDERED that the file of this matter be placed under seal and made available for inspection only by order of this Court. In addition, this Court will transmit a certified copy of this Order to the Division of Criminal Investigation.

DATED this _____ day of __________________, 20____. _________________________________

Municipal Court Judge

Approved as to Form:

_______________________________

City Attorney’s Office

-----------------------

People who appear for themselves without an attorney are considered to be “self-represented” and are also known as “pro se” litigants. Many areas of criminal law are very complicated and some courts in the State of Wyoming require certain things that other courts do not. Therefore, it is not possible to include all legal solutions available to people in one packet. These forms have been created to benefit the majority of people who represent themselves while also understanding that people with complex or emergency circumstances may continue to find themselves better served by getting an attorney.

IMPORTANT: Not all criminal offenses may qualify for an expungement. If you have any questions, please contact an attorney.

**HELPFUL TIP! If you would like the process to be quicker, please include a copy of a Criminal Background Check obtained through the Department of Criminal Investigation. The information can be obtained at:

*Notarized Signatures. You will need to sign the Petition and have it notarized. Notarial Officers may administer the oath and witness your signature.

HELPFUL TIP! To ensure that these individuals receive service, you should mail it by certified mail, return receipt requested and keep a copy of the receipt for your records. When you receive the return, you should file it with the Court. While you do not have to do this, it proves service so your case is not delayed.

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