The difference between felony and misdemeanor expungements

The difference between felony and misdemeanor expungements

On Behalf of | Mar 26, 2021 | Criminal Defense |

Criminal records contain the history of arrests, court records and convictions. It includes records of the original charges and if there was a reduction or dismissal of those charges.

An expungement is the process of removing a criminal record from the public. Wyoming statute defines expungement as the manner of ensuring a record is not available for dissemination purposes other than use by a criminal justice agency. Is there a difference between felony and misdemeanor expungements?

Felony

Wyoming law allows a person charged with a felony to apply for expungement 10 years after the sentence expires. It must be a non-violent crime in which the court granted a deferred sentence. The person asking for the expungement must pay all fines and restitution in full. Removal of a conviction does not include the following crimes:

  • Felonies involving firearms
  • Felony DUI
  • Child endangerment
  • Drug distribution

Violent felonies such as murder, manslaughter and kidnapping also do not qualify for expungement. A person can expunge multiple felonies if they come out of the same incident but can remove a conviction only once.

Misdemeanor

Wyoming statute allows for the court to expunge a misdemeanor offense after five years of the sentence’s completion. Just as with a felony, the misdemeanor cannot involve the use of a firearm. A person can expunge charges of:

  • Simple assault
  • Battery
  • Domestic assault
  • Reckless endangerment
  • Breach of peace

A person can expunge misdemeanors only once.

With a misdemeanor, if the prosecuting attorney does not file an objection after 30 days after receiving notice, the court may enter an order for relief. For felony expungements, the attorney has 90 days to file.