Wyoming: After prison, roadblocks to reentry

[Phil in Paris]

ADOPTIVE AND FOSTER PARENTING

1. Does the state consider other criminal history records beyond the federal list of convictions barring people from becoming foster and/or adoptive parents?

No, for foster care. Foster homes not supervised by the state must be certified. Applicants must demonstrate good moral character, which is not defined. Wyo. Stat. Ann. §§ 14-4-104 et seq. No, for adoption. Prospective adoptive parents must submit affidavits setting forth all felony convictions within the past ten years, all misdemeanor convictions within the past five years, and any parole or probation status. However, no automatic bars exist. Wyo. Stat. Ann. § 1-22-104.

2. Does the state restrict people from becoming foster and/or adoptive parents for longer than required by federal law?

No, for both foster care and adoption. No automatic bars exist. Wyo. Stat. Ann. §§ 1-22-104 and 14-4-104 et seq.

3. May applicants be barred by the convictions of other household members?

No, for both foster care and adoption. Wyo. Stat. Ann. §§ 1-22-104 and 14-4-104 et seq.

4. Does the state make individual determinations about an applicant’s eligibility based on the criminal record?

Yes, because no automatic bars exist for either foster care or adoption. Wyo. Stat. Ann. §§ 1-22-104 and 14-4-104 et seq.


ACCESS TO CRIMINAL RECORDS


1. Is there a time limit after which criminal history information is not reported to non-law enforcement entities for employment purposes?

No. Wyo. Stat. Ann. § 7-19-106.

2. Other than the subject and criminal justice agencies, who can obtain records?

The Department of Family services, other lawfully-authorized governmental agencies, the Department of Health, the Board of Nursing, and for the issuance of visas and the granting of citizenship. All requests, except for those submitted by the Department of Family Services, must be accompanied by the subject’s fingerprints and any other information requested by the central repository. Wyo. Stat. Ann. §§ 7-19-106(a), (d), and (e).

3. What types of records can be disclosed to non-criminal justice agencies?

Arrest and final disposition information, including judgments of not guilty, discharges and dismissals, orders to reverse, remand, vacate, modify, or annul a sentence or conviction, judgments terminating or revoking a sentence and any order relating to resentencing. Wyo. Stat. Ann. §§ 7-19-107(c), (d), and (e).

4. Are there penalties for violating limitations on dissemination?

Yes, administrative penalties range from warning letters to limiting or prohibiting access to criminal history record information. Wyo. Admin. Code Att’y Gen. C.I.C.R. ch. 10, § 2.

5. Are state criminal records available on the internet?

No.

6. Can state criminal records of arrests not leading to conviction be sealed (including expunged, erased, or purged)?

No.

7. If so, what is the effect of having an arrest sealed?

N/A

8. Can criminal conviction records be sealed (including expunged, erased, or purged)?

Adult convictions may not be sealed.

Unless adjudicated delinquent for a violent felony, upon reaching age 18 with no subsequent felony convictions or currently pending criminal proceedings, individuals may apply for expungement of juvenile delinquency adjudications with sufficient evidence of rehabilitation. Wyo. Stat. Ann. § 14-6-241(a).

9. If so, what is the effect of having a conviction sealed?

If sealed, the individual may deny the existence of the juvenile record. Wyo. Stat. Ann. § 14-6-241(a).

DRIVERS' LICENSE PRIVILEGES


1. Does the state revoke or suspend the drivers’ licenses of people convicted of drug-related offenses?

Wyoming passed a resolution on 12/12/2000 in opposition to enacting a law called for by the federal statute in order to receive certain federal highway funds. However, the state does revoke drivers’ licenses for drug-related offenses for a limited category of people. Wyo. Stat. Ann. § 31-7-128.

2. If so, what crime(s) result in suspension or revocation?

Driving or having control of a vehicle while under the influence of intoxicating liquor or controlled substances, violations regarding the possession, delivery, manufacture or use of a controlled substance or alcohol while under 19, and unlawful operation of a vehicle by a youthful driver with detectable alcohol concentration. Wyo. Stat. Ann. §§ 31-7-128(b), (c), (f), and (h).

3. If so, what is the length of the suspension or revocation?

For a first adult conviction of driving under the influence, the license will be suspended for 90 days. For a previous conviction within the past five years, for one year. If convicted at least once within the past two years, the registration will also be suspended. For a first conviction of an individual under 19 involving the possession delivery, manufacture, or use of a controlled substance or alcohol, the license will be suspended for 90 days. If previously convicted within the past year, for six months. For a first violation involving unlawful operation of a vehicle by a youthful driver with detectable alcohol concentration, the license will be suspended for 90 days. If previously convicted under this statute or the adult DUI statute within the past two years, for six months. Wyo. Stat. Ann. §§ 31-7-128(b), (c), (f), and (h).

4. Does the state offer restricted drivers’ licenses for purposes of employment, education, and/or medical care?

No.


EMPLOYMENT


1. Can employers ask job applicants about arrests not leading to conviction?

Yes.

2. Can employers consider arrests not leading to conviction?

Yes.

3. Does the state have standards prohibiting employment discrimination by public employers and occupational licensing agencies based on a conviction record?

No.

4. Does the state have standards prohibiting employment discrimination by private employers based on a conviction record?

No.

5. Does the state restrict people with criminal records from employment in the field of home health care?

Employees of the Department of Health having access to minors, individuals with mental illness or developmental disabilities or the elderly must submit to background checks. Contractors providing home care are included in this requirement. No automatic bars exist, however. Wyo. Stat. Ann. § 7-19-201.

6. After an individual has been convicted, does the state offer any mechanism to demonstrate that an individual has been rehabilitated?

Individuals may apply for restoration of civil rights upon expiration of the sentence or satisfactory completion of probation. The rights lost upon a felony conviction, including the rights to vote, serve on a jury, and to hold any office of honor, trust, or profit, will be restored. These rights may also be restored by a pardon granted by the governor. Neither restoration of civil rights nor a pardon automatically lifts occupational bars. Wyo. Stat. Ann. §§ 6-10-106, 7-13-105, and 7-13-801.


PUBLIC ASSISTANCE AND FOOD STAMPS

1. Are people with drug-felony convictions dated after 1996 eligible to receive TANF benefits and food stamps?

No, Wyoming has adopted the federal drug felon ban. Department of Family Services Rules § 6(a)(ii)(G)(IV) and Department of Family Services Child Care Food Stamps, Medical and Power policy Manual, ch. 507.


PUBLIC HOUSING

1. Does the Housing Authority consider arrests that did not lead to conviction in its admission criteria?

Yes, the Cheyenne Public Housing Authority (PHA) will consider arrests not leading to conviction.

2. Does the Housing Authority make individual determinations about an applicant's eligibility based upon the relevance of the criminal record?

Yes, the Cheyenne PHA will consider rehabilitation to lift the bar disqualifying individuals involved in criminal activity threatening the health, safety, and well-being of other tenants or staff.

3. How long is the conviction bar(s)?

The bars operate as lifetime bars because the length is unstated.

VOTING

1. Does the state grant people with criminal records the right to vote?

Individuals incarcerated following felony convictions may vote upon restoration of civil rights. Upon expiration of the sentence or satisfactory completion of probation individuals may apply for restoration. A pardon granted by the governor may also restore the right to vote. Wyo. Stat. Ann. §§ 6-10-106, 7-13-105, and 7-13-801.


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