Are Arrest Records Public in Wyoming?
Arrest records in Wyoming fall under the umbrella of public records, as provided by the Wyoming Sunshine Law (also called the Wyoming Public Records Act). The Act specifies that anyone may inspect or obtain copies of an arrest record by submitting an application or visiting the local police and sheriff's offices.
In Wyoming, an arrest record is a written account of a person's apprehension and interrogation by law enforcement over a criminal matter. If an officer of the law takes a person into custody because of a criminal act, such a person is regarded as under arrest. The arrest may occur after an alleged crime or when the police conclude an investigation.
Wyoming arrest records are sometimes featured alongside Wyoming criminal records and are typically stored on file by judicial, administrative institutions, or law enforcement agencies like the police department. These records contain personal information like the last known address and age of a suspect and are also used to keep track of a person's criminal history. However, an arrest record is not concrete proof of a person's guilt, as the suspect may still walk free after a trial.
What is Considered an Arrest Record in Wyoming?
Wyoming arrest records provide relevant information on persons taken into custody or transferred to a law enforcement facility or building. Arrest records are often interchanged with police records or reports in Wyoming. These documents track law enforcement actions, while arrest records only include arrest information. An arrest in Wyoming does not always result in a criminal charge. Sometimes, law enforcement may arrest a person for further investigation. The exact details in an arrest record will vary from person to person and by jurisdiction or region.
What is Contained in a Wyoming Arrest Record?
An arrest record in Wyoming offers a detailed description of an alleged crime and the circumstances of arrest by a law enforcement agency. As a result, it is common to find the following information in the record:
An Account of the Incident: Wyoming arrest records typically include a blow-by-blow account of the alleged offense. The arresting officer may put the story together based on witnesses' accounts or victims of the alleged crime.
Physical Attributes of the Criminal: An arrest record describes the person who committed the offense. The description includes the person's weight, height, hair color, and sex. Other details are the race of the arrested criminal, alongside other unique features like birthmarks, scars, or tattoos.
Basic Personal Information: Arrest records in Wyoming identify a suspect using basic data like the person's phone number, name, and aliases (if any). Other relevant details include the suspect's Social Security Number (SSN), workplace, and other contact information.
Other Relevant Details: Interested persons may find mug shots, fingerprints, and other photographs related to the crime, in the arrest record. The record also contains the court date, bail amount (if any), type of crime committed, and criminal charges (if any). It also provides a detailed account of the police interrogation that followed the arrest.
Who Can Access Wyoming Arrest Records?
Generally, arrest records in Wyoming are public information, and anyone can request a law enforcement agency to access the records. The person named on the record is often one of the people interested in accessing arrest records in the state. Other interested persons are landlords, prospective employers, insurance companies, or government agencies conducting a background search. Victims of a crime, legal representatives, and bail bond agents are also parties interested in a person's arrest record.
While the Wyoming Sunshine Act allows access to these records, the holding agency may decline access for a lot of reasons, which include:
- If there is an ongoing investigation, the holding agency may deny public access to an arrest record. The reason is so that public access will not affect the investigation.
- If the agency holding the arrest record has reason to believe that sharing it with the public may threaten public safety, the agency may withhold the record.
- Suppose the suspect had expunged or sealed the record because the person was a juvenile at the time. Or because of the suspect's innocence in the matter. In that case, the public can no longer access those records because the law sees them as non-existent.
- The agency may shield some records due to the nature of the crime and persons involved; it usually applies to certain sex crimes.
Wyoming Arrest Statistics
Wyoming has a Uniform Crime Reporting Unit (UCR) that compiles crime data from the various law enforcement agencies in the state. The UCR unit is a repository only, and the state submits its crime data in the National Incident-Based Reporting System (NIBRS) format to the Federal Bureau of Investigations (FBI). In 2020, the FBI based its arrest statistics for the state of Wyoming on data received from 53 law enforcement agencies that submitted 12 months of arrest data, out of a total number of 69 law enforcement agencies in the state that year.
A breakdown of the crime data report shows that there were 14,288 male arrests and 6,309 female arrests. 17,386 white, 2,227 American Indian or Alaska natives, 886 African American, and 76 Asian arrests were also made. There were also 3,410 arrests for Drug Abuse Violations, 2,744 for DUIs, 1,920 for simple assault, and 1,640 for theft.
Obtaining Wyoming Public Arrest Records
Search for arrest records in Wyoming refers to the process of obtaining arrest record information from the agency responsible for the apprehension. Since arrest records are deemed public per state law, these records can be made available to interested members of the public unless otherwise determined by judicial order. Records that are not subject to public disclosure include those that may pose a security risk or those pertaining to juveniles.
How Do I Lookup Someone's Arrest Records in Wyoming?
To look up arrest records in Wyoming, requestors may have to go through several sources. However, it is important to verify if the law allows the searcher access to the document in question. For instance, before a landlord or employer carries out a criminal record check on a prospective employee or tenant, that person's consent is required. Failure to comply with these legal limitations will result in serious consequences.
Once the searcher is confirmed to be entitled to the arrest records, the best place to start is with the local law enforcement agency responsible for the arrest. The individual may also search with any state courts to determine whether a person has arrests or convictions. Getting copies of the arrest records, if there are any, will involve the payment of certain fees.
Alternatively, interested parties may search for arrest records on third-party sites that offer the service. These third-party sites sweep through law enforcement databases in Wyoming for information on a person's arrest history. To enable the search, the searcher must provide information on the alleged suspect, like the person's name or known aliases, a current location and physical description, etc. Most of these third-party searches come at a small price.
How to Subpoena Arrest Records in Wyoming
The Wyoming Statutes allow interested persons to inspect and access all public records in the state. However, this right is not absolute, and certain circumstances may make law enforcement withhold arrest records from the public. Interested persons will then need a subpoena from the court to access a restricted arrest record.
A subpoena generally is a judicial order requiring a person to appear in court and give testimony concerning a dispute before a court. For the production of records, the applicable type of subpoena is a subpoena duces tecum, a judicial order requiring a person to bring certain records or documents related to a matter to court. Rule 17 of the Wyoming Rules of Criminal Procedure provides for subpoenas in the state.
A sheriff or any person above 19 and not related to a matter in dispute may serve a subpoena by delivering a copy to the person named in it. If a person refuses to obey a subpoena, the court may hold the person in contempt.
How to Search for an Inmate in the Wyoming Prison System
The Wyoming Department of Corrections (WDOC) oversees all persons serving a prison sentence in the state. One of the functions of the WDOC is to maintain the records of inmates and offenders in state prisons, probation, or parole. To enable individuals to search for these inmates, the WDOC has an offender locator tool. Interested persons may search the database using the inmate's number or last name, as the database lists offenders by the names contained in the official court documents.
The first step is to visit the offender locator age, which displays the search page. Next, enter the inmate's WDOC number (if known), and if not, the searcher may enter other information about the searcher to facilitate the search. These additional details include the first or last name of the offender, the offender's age, and gender. The last name is a minimum requirement to proceed, and once the required fields are entered, the searcher may click the ‘Submit Search Request' button.
After this, the next page will display all the inmates that match the provided information. It shows the full names of offenders, gender, age, and current status with the Wyoming Department of Corrections, whether probation, parole, or current inmate. Clicking on an offender's name will lead the searcher to a page with a more detailed description of the offender. The detailed information includes the offender's hair and eye color, height, weight, and ethnicity. It also provides information on the offense(s) committed, the length of the sentence, and the name, address. The searcher will also find the phone number of the particular Wyoming jail or prison that the offender is posted to.
How Do I Find Out if Someone Was in Jail in Wyoming
The Wyoming DOC does not have a central database of historical data on inmates discharged from the system. It does not track prisoners who have left the system. However, an interested person may find out if an offender is put on probation or parole using the WDOC offender tool search and following the above guidelines.
How to Find Recent Arrests in Wyoming
Recent arrests in Wyoming are held by the agency responsible for the arrest. These agencies maintain a log or roaster featuring the name, offense, and the place/time of the arrest. To find a recent arrest, inquirers must determine if it was conducted by a state or county law enforcement agency and proceed to peruse their online resources for their arrest or inmate log. Alternatively, the inquiring party may query the administrative office of the arresting agency in person or via mail. In either case, the requestor will need to furnish the custodian with information to perform the arrest search.
How Long Do Wyoming Arrest Records Stay on File?
The Wyoming Statutes do not provide a fixed duration for arrest records to stay on file. In practice, an arrest record stays on a person's record for a long time, sometimes for the duration of the person's life. Relevant law enforcement agencies maintain these records and cannot automatically wipe out the records. Any person interested in getting an arrest record off official databases and records may apply to seal or expunge the record.
Are Arrest Reports Public in Wyoming?
Arrest reports created in Wyoming are generally subject to public record laws except where protected by state laws. A Wyoming arrest report is an official law enforcement document that provides a thorough description of the circumstances leading to an individual's apprehension, including the officer's observations, witness statements, and collected evidence. Arrest records, however, are shorter summaries of a person's arrest history, focusing on basic information like dates, charges, and locations, but omitting the comprehensive narrative found in arrest reports.
How to Obtain Arrest Records for Free in Wyoming?
It is near impossible to get arrest records in Wyoming, absolutely for free. While local government agencies may allow interested persons to conduct a free arrest search, getting copies of the record is not free. The searcher will have to pay some nominal fees for authentication, certification, and copying. Alternatively, a search may use certain third-party sites to get Wyoming arrest records for free.
How to Search for a Wyoming Arrest Record Online Using a Third-Party Search Service
Many online resources allow the public to access and search for arrest records in Wyoming. Third-party search services source information from different databases, by-passing the necessary long waiting periods. Interested persons may prefer to use these third-party sites because searching for the records in law enforcement offices may be a difficult procedure for a person to carry out alone.
The searcher must pick a preferred site and enter it into a web browser to use these services. Then, the searcher may fill the required search field with the basic information of the arrest record holder. Some of these sites allow free access to this service, while others require a one-time payment or a subscription.
How to Correct an Arrest Record in Wyoming
An arrest record is often an accurate description of events that led to a person's arrest and the circumstances of the arrest. Sometimes, however, the record may contain inaccurate information or a mistake. In such a case, the affected individual may contact the particular law enforcement agency that carried out the arrest to issue a complaint. If the error appears on a person's criminal history record, section 7-19-109 of the Wyoming Statutes empowers a person to apply to the district court for an order to purge, modify or supplement the inaccurate or incomplete information.
A notification of the deletion or amendment will then be disseminated to any person or agency that received a copy of the record within the past 12 months. The subject of the record will also get a copy of the altered record. Relevant criminal justice agencies may set restrictions like fingerprinting to verify the identity of persons who wish to inspect or correct criminal records in Wyoming.
How to Expunge Arrest Records in Wyoming
Criminal records in Wyoming contain more than court records and convictions. It also contains arrests and records of original charges, even if the accused person was later found not guilty or the charges were dropped. An expungement in Wyoming removes or seals a person's criminal history information from public access. The need for an expungement arises to enable a person to live a better life. An arrest record can cause great embarrassment or loss of opportunities, like employment, housing, and loan facilities, for a person.
To expunge a criminal record, the interested person must file a petition for expungement with the proper court in Wyoming. Determining the proper court to file the petition depends on the offense being expunged, and if the case goes to trial, the petition will go to the court that heard the matter. The petitioner may have to get the help of a lawyer at this stage because any mistakes in filing this petition may have serious consequences. After filing the petition, the petitioner will have to notify other interested parties.
These parties are often the prosecuting attorney, the division of criminal investigation, and the victims of the crime (if any), and these parties have twenty days to file an objection. If any of these persons object to the expungement, the court will set a date for a hearing. At the hearing, the court will determine if the offense(s) qualifies for an expungement. Some grounds on which the court may grant the order is if the person was a juvenile offender at the time or is innocent of the accusation.
The person can apply for expungement upon reaching 18, under section 14-6-241 of the Wyoming Statutes. However, the person must show evidence of rehabilitation and changed behavior. In 2019, the Wyoming Legislature passed a new law, with Bill No. HB0044, which amended the provision for persons to have juvenile records automatically expunged once the persons become adults. The new law allows prosecutors to file a record of expungement without the affected person going through the rigorous process.
Also, suppose there was an arrest but no conviction resulted from it, no formal charges were filed, or the court dismissed the criminal proceedings following the arrest. In that case, the affected person may also apply for an expungement under § 7-13-1401(a) of the Wyoming Statutes, provided the arrest is at least six months old. Section 7-13-1501 of the Wyoming Statutes authorizes courts to expunge conviction records for simple misdemeanor assault, battery, domestic violence, reckless endangerment, and breach of peace offenses after five years of the offender completing the sentence. The court may only grant this relief once, and it may involve a hearing only if the prosecutor or victim objects.
If the court grants the expungement order, the petitioner will prepare and present an ‘Order of Expungement' to the court for the judge's signature. The court expects the petitioner to have the order drafted and ready, even before the hearing. After the judge signs the expungement order, the court's file on the issue will then be sealed and removed from public access. Also, the court will send a copy of the order to the division of criminal investigation.
Then, the court will order any copy of the arrest record in the state's central record will also be removed from public access. From then, only law enforcement agencies may see those records. Rights lost due to the record or conviction will also be returned, and all other records that were made as a part of the case will be deleted. However, records like newspaper articles containing information on the arrest may still be available to the public, as they cannot be expunged.
Also, unofficial third-party background search websites may show the record on their websites. The petitioner may then have to issue a notice to the service provider, informing the platform that the court has granted an expungement order on the matter. Expungement orders also only relate to arrest records and other records in the state's central repository. It does not include the investigation files of any local, state, or federal criminal agency, where those files are being used for criminal justice purposes.
