(a)  This act governs all systems of records for the collection, maintenance, use and dissemination of individually identifiable criminal history record information by any criminal justice agency.

(b)  This act applies to criminal history record information compiled for all felonies, high misdemeanors and other misdemeanors determined by the division pursuant to W.S. 9-1-623(a) but does not apply to violations of municipal ordinances.

(c)  Notwithstanding any provision of this act, specific provisions relating to confidentiality of records contained in Title 14, Wyoming statutes, shall govern in those circumstances to which the more specific statute applies. This subsection shall not apply to the disclosure requirements provided in W.S. 7-19-309.

(a)  As used in this act:

(i)  "Conviction data" includes records indicating criminal justice transactions related to an offense that have resulted in a conviction, guilty plea or a plea of nolo contendere of an individual;

(ii)  "Criminal history record information" means information, records and data compiled by criminal justice agencies on individuals for the purpose of identifying criminal offenders consisting of identifiable descriptions of the offenders and notations or a summary of arrests, detentions, indictments, information, pre-trial proceedings, nature and disposition of criminal charges, sentencing, rehabilitation, incarceration, correctional supervision and release. Criminal history record information is limited to information recorded as the result of the initiation of criminal proceedings. It does not include intelligence data, analytical prosecutorial files, investigative reports and files or statistical records and reports in which individual identities are not ascertainable, any document relating to restoration of voting rights, or any document signed by the governor granting a pardon, commutation of sentence, reprieve, remission of fine or forfeiture or a restoration of civil rights;

(iii)  "Criminal justice agency" means any agency or institution of state or local government other than the office of the public defender which performs as part of its principal function, activities relating to:

(A)  The apprehension, investigation, prosecution, adjudication, incarceration, supervision or rehabilitation of criminal offenders;

(B)  The collection, maintenance, storage, dissemination or use of criminal history record information.

(iv)  "Division" means the Wyoming division of criminal investigation within the office of the attorney general;

(v)  "High misdemeanor" means a misdemeanor for which the penalty authorized by law exceeds the jurisdiction of municipal courts;

(vi)  "Interstate system" means all agreements, arrangements and systems for the interstate transmission and exchange of criminal history record information. The term does not include record keeping systems in the state maintained or controlled by any state or local agency, or group of agencies, even if the agencies receive or have received information through, or otherwise participate or have participated in, systems for the interstate exchange of criminal history record information;

(vii)  "Nonconviction data" means arrest information in cases in which:

(A)  There has been an acquittal, dismissal or annulment of verdict or plea;

(B)  An interval of one (1) year has elapsed from the date of arrest and no active prosecution of the charge is pending;

(C)  A law enforcement agency has elected not to refer a matter to a prosecutor;

(D)  A prosecutor has elected not to commence criminal proceedings; or

(E)  The proceedings have been indefinitely postponed.

(viii)  "State" means the state of Wyoming;

(ix)  "System of record" means any group of records under the control of a criminal justice agency from which information is retrieved using the name of the individual or some identifying number, symbol or other identifier particularly assigned to the individual. The term does not include records that are maintained only in chronological order or by numbers which are not particular to individuals;

(x)  "This act" means W.S. 7-19-101 through 7-19-109.

(a)  The collection, storage, dissemination and use of criminal history record information under this act shall take place under procedures reasonably designed to ensure that all information is kept current.

(b)  Criminal history record information collected, stored, disseminated or used under this act shall contain, to the maximum extent feasible, disposition as well as arrest data where arrest data is included.

(a)  The division shall promulgate reasonable rules and regulations to carry out the provisions of this act. The rules shall include:

(i)  Standards and procedures to ensure the security and privacy of all criminal history record information and that the information is used only for criminal justice and other lawful purposes; and

(ii)  Standards and procedures in conformance with this act relating to access to and dissemination of criminal history record information, research, system security, record completeness and accuracy, training, intrastate and interstate exchanges, user agreements, audits and procedures for review and challenge of records.

(a)  Criminal history record information shall be disseminated by criminal justice agencies in this state, whether directly or through any intermediary, only to:

(i)  Other criminal justice agencies;

(ii)  Any person designated for the purpose provided by W.S. 14-6-227;

(iii)  The department of family services;

(iv)  Other governmental agencies as authorized by the laws of the United States or any state or by executive order;

(v)  An individual who has met the requirements established by the division to ensure the record will be used solely as a statistical research or reporting record and that the record is to be transferred in a form that is not individually identifiable;

(vi)  Any record subject as provided by W.S. 7-19-109;

(vii)  The department of health;

(viii)  The Wyoming state board of nursing for purposes of obtaining background information on applicants for licensure or certification under the board;

(ix)  Court supervised treatment program staff solely for the purposes of utilizing the information pursuant to the Court Supervised Treatment Programs Act in title 5, chapter 12 of the Wyoming statutes;

(x)  Repealed By Laws 2013, Ch. 127, § 3.

(xi)  The secretary of state, through the electronic voter registration system, for confirmation of the existence or nonexistence of felony conviction records of registered voters and of individuals seeking to register to vote. If the criminal history record information indicates that the subject's voting rights have been restored, that information shall also be provided. Notwithstanding subsection (c) of this section and W.S. 7-19-108, the subject's fingerprints shall not be required and no fee shall be charged. The necessary identifying information shall be provided to the division and the disclosures made in accordance with the terms agreed upon by the secretary of state and the attorney general;

(xii)  The board of examiners for optometry for purposes of obtaining background information on applicants for licensure or certification by the board;

(xiii)  Any public fire department, ambulance service, counties providing fire protection services pursuant to W.S. 18-3-509, regional emergency response team or fire protection district, using paid employees or volunteers on a full-time or part-time basis, for purposes of obtaining criminal history record information on prospective employees;

(xiv)  The department of homeland security for purposes of obtaining background information on prospective homeland security workers and regional emergency response team participants;

(xv)  The military department for purposes of obtaining criminal history record information on prospective employees, volunteers or military members serving in active duty or in the Wyoming national guard. The dissemination of criminal history record information as defined in W.S. 7-19-103(a)(ii) and authorized by this paragraph shall only occur if required by the department as a condition for employment with the department, for training, deployment or mobilization decisions or for security clearance matters;

(xvi)  The department of transportation for purposes of dealer and wholesaler licensing and permitting under title 31, chapter 16 and for purposes of performing background checks required by W.S. 31-7-103(b) and 31-7-114(f)(iv);

(xvii)  The department of audit;

(xviii)  The certified real estate appraiser board for purposes of permitting or registration under title 33, chapter 39;

(xix)  The state auditor;

(xx)  The Wyoming retirement system;

(xxi)  The board of physical therapy for purposes of obtaining background information on applicants for licensure or certification by the board;

(xxii)  The state banking commissioner for purposes of licensing and registration pursuant to W.S. 40-14-604, 40-14-634, 40-14-642, 40-22-108, 40-23-103 and 40-23-125;

(xxiii)  The board of medicine for purposes of obtaining background information on applicants for licensure or certification by the board whose application or other information received by the board indicates the applicant has or may have been convicted of a crime, and for purposes of investigation of complaints and disciplinary action against licensees of the board;

(xxiv)  The board of midwifery for purposes of obtaining background information on applicants for licensure by the board whose application or other information received by the board indicates the applicant has or may have been convicted of a crime, and for purposes of investigation of complaints and disciplinary action against licensees of the board;

(xxv)  The department of insurance, for purposes of licensing under Wyoming statutes title 26, chapter 9;

(xxvi)  The Wyoming professional teaching standards board for purposes of obtaining background information on applications for certification and if requested by a school district, to school district boards of trustees for obtaining background information on employees who may have access to minors in the course of employment;

(xxvii)  The department of enterprise technology services for purposes of obtaining background information on prospective and current employees;

(xxviii)  A health care licensure board that licenses health care professionals under title 33 of the Wyoming statutes for purposes of obtaining background information on applicants for licensure pursuant to an interstate compact entered into by the state of Wyoming;

(xxix)  The collection agency board for purposes of licensing under Wyoming statutes title 33, chapter 11;

(xxx)  The department of health for purposes of obtaining background information on persons specified in W.S. 40-28-103(d) as part of a medical digital innovation sandbox application;

(xxxi)  The banking commissioner or the secretary of state for purposes of obtaining background information on persons specified in W.S. 40-29-104(d) as part of a financial technology sandbox application;

(xxxii)  The state treasurer;

(xxxiii)  The board of examiners of speech-language pathology and audiology for purposes of obtaining background information on persons applying for licensure on or after July 1, 2020 as speech-language pathologists, audiologists or speech-language pathology assistants under Wyoming statutes title 33, chapter 33;

(xxxiv)  The mental health professions licensing board for purposes of obtaining background information on applicants for licensure or certification by the board;

(xxxv)  The Wyoming gaming commission;

(xxxvi)  The board of nursing home administrators for purposes of obtaining background information on applicants for licensure by the board under title 33, chapter 22 of the Wyoming statutes;

(xxxvii)  The board of psychology for purposes of obtaining background information on persons applying for licensure or certification under title 33, chapter 27 of the Wyoming statutes;

(xxxviii)  The board of occupational therapy for purposes of obtaining background information on currently licensed occupational therapists and occupational therapist assistants applying for a compact privilege under the Occupational Therapy Licensure Compact as provided in W.S. 33-40-201 through 33-40-216;

(xxxix)  Any professional licensing board, commission, commissioner or authority that otherwise has authority to receive criminal history record information under this subsection, for purposes of obtaining criminal history background information for pre-application determination in accordance with W.S. 33-1-304(e);

(xl)  The governor for purposes of obtaining the criminal background history of an employee, intern, applicant for employment or applicant for an internship in the governor's office;

(xli)  The Wyoming stable token commission for purposes of W.S. 40-31-103(b)(iv) and 40-31-105(c)(vii);

(xlii)  The board of chiropractic examiners for purposes of obtaining background information on persons applying for initial licensure under title 33, chapter 10 of the Wyoming statutes, and for purposes of investigation of complaints and disciplinary action against licensees of the board.

(b)  Notwithstanding subsection (a) of this section, the division may disseminate criminal history record information to central repositories of other states and to the Federal Bureau of Investigation in accordance with rules and regulations promulgated by the division governing participation in an interstate system for the exchange of criminal history record information, and upon assurance that the information will be used only for purposes that are lawful under the laws of the other states involved or the laws applicable to the Federal Bureau of Investigation.

(c)  All applications or requests to the division for criminal history record information submitted by the record subject or any other person except a criminal justice agency or the department of family services, shall be accompanied by the record subject's fingerprints in addition to any other information required by the division.

(d)  No criminal justice agency or individual employed by the agency shall confirm the existence or nonexistence of criminal history record information to any person that would not be eligible to receive the information.

(e)  Nothing in this act prohibits the dissemination of conviction data for purposes related to the issuance of visas and the granting of citizenship.

(f)  Each person requesting criminal history record information from the division or a criminal justice agency shall upon request be advised in writing whether the person is found to be eligible or ineligible for access.

(g)  No information shall be disseminated by the division or by any criminal justice agency to any person or agency prior to determination of eligibility.

(h)  Each criminal justice agency holding or receiving criminal history record information shall maintain dissemination logs and other records relative to the release of the information in accordance with rules promulgated by the division.

(j)  No criminal history record information released to an authorized recipient shall be released, used or disseminated by that recipient to any other person for any purpose not included in the original request except that the record subject may make further dissemination in his discretion.

(k)  Notwithstanding subsection (a) of this section, the division may disseminate criminal history record information concerning a record subject, or may confirm that no criminal history record information exists relating to a named individual:

(i)  In conjunction with state or national criminal history record information check under W.S. 7-19-201; or

(ii)  If application is made for a voluntary record information check, provided:

(A)  The applicant submits proof satisfactory to the division that the individual whose record is being checked consents to the release of the information to the applicant;

(B)  The application is made through a criminal justice agency in this state authorized to access criminal history record information maintained by the division which application shall then be forwarded to the division by the criminal justice agency; and

(C)  The applicant pays the fees required by W.S. 7-19-108.

(m)  Notwithstanding any other provision of this act, the Wyoming department of corrections and county jails may release the following information regarding any individual, except juveniles charged with a status offense as defined by W.S. 14-6-201(a)(xxiii), who is or has been committed to the supervision or custody of the department or county jails, unless release of the information could compromise the physical safety of the individual:

(i)  Name and other identifying information;

(ii)  Photograph and physical description;

(iii)  Any conviction for which the individual was committed to the supervision or custody of the department or county jail;

(iv)  Sentencing information regarding any conviction for which the individual was committed to the supervision or custody of the department or county jail;

(v)  Projected parole eligibility, release and discharge dates;

(vi)  Current location of the individual's supervision or custody; and

(vii)  Date of release from the department's or county jail's supervision or custody.

(n)  Unless otherwise specifically prohibited by court order, or if disclosure may be withheld under other pertinent law, the Wyoming department of corrections may, ten (10) years after the date of death of the record subject, release to the public any record created and maintained by the department relating to an individual committed to the supervision or custody of the department, except:

(i)  Records regarding the victim of the crime;

(ii)  Medical, psychological and dental records of the inmate;

(iii)  Records relating to the security of any facility in which the inmate was housed during his incarceration; and

(iv)  Records relating to out of state placement of the inmate.

(a)  The division of criminal investigation within the office of the attorney general is designated as the central repository for criminal history record information.

(b)  For the purpose of maintaining complete and accurate criminal history record information at the central repository, all city, county and state law enforcement agencies, district courts, courts of limited jurisdiction, district attorneys, the department of corrections, state juvenile correctional institutions and local probation and parole agencies shall submit the criminal history record information required under this section for which they are responsible to the division for filing at the earliest time possible following the occurrence of the reportable event. Except as provided in subsection (k) of this section, reports shall be submitted on uniform forms approved and provided by the division.

(c)  All criminal justice agencies making arrests for offenses covered by this act shall furnish the division with information concerning the charges and description of all persons arrested and shall furnish their fingerprints. Each agency shall also notify the division of any decision not to refer an arrest for prosecution. An agency making arrests covered by this subsection may enter into arrangements with other agencies for the purpose of furnishing required information to the division on its behalf.

(d)  All district attorneys shall notify the division of all final disposition information in cases covered by this act including charges not filed in criminal cases for which the division has a record of an arrest.

(e)  Except as provided in subsection (k) of this section, all district attorneys and clerks of the district courts and courts of limited jurisdiction shall furnish the division with information concerning final dispositions in criminal cases covered by this act. The information shall include, for each charge:

(i)  All judgments of not guilty, discharges and dismissals in the trial courts;

(ii)  All court orders filed in the case which reverse or remand a reported conviction or vacate, modify or annul a sentence or conviction;

(iii)  All judgments terminating or revoking a sentence to probation, supervision or conditional discharge and any order relating to resentencing after the termination or revocation.

(f)  After the court pronounces sentence in any case covered by this act, including an order of probation, parole or suspended sentence, the sheriff shall fingerprint any convicted defendant who has not previously been fingerprinted for the same case or whose fingerprints for the same case were rejected as unreadable. The sheriff shall submit the fingerprints to the division.

(g)  The director of the department of corrections, the superintendents of the Wyoming boys' school and Wyoming girls' school and the sheriff of each county shall furnish the division with all information concerning the receipt, escape, execution, death, release, pardon, parole, commutation of sentence, granting of executive clemency or discharge of any individual who has been sentenced to the agency's custody for any offense covered by this act.

(h)  The division shall regularly audit its own records and practices to ensure the completeness and accuracy of criminal history record information collected, maintained, used or disseminated by it, and to evaluate its procedures and facilities relating to the privacy and security of information. The division shall periodically audit the records and practices of each criminal justice agency in this state authorized to access criminal history record information maintained by the division.

(j)  The division may enter into agreements with criminal records central repositories and criminal justice agencies of other states or the federal government to establish uniform procedures and practices, including codes, formats and fee schedules to facilitate the interstate exchange of criminal record information.

(k)  Upon implementation of a case management system in a circuit or district court, the supreme court shall, on behalf of the district or circuit court, furnish electronically to the division an abstract of the court record within ten (10) days after entry of a judgment of conviction or forfeiture of bail. The abstract shall include:

(i)  The name and address of the person charged;

(ii)  A citation to the statute of each offense charged;

(iii)  The finding or disposition of each offense charged;

(iv)  The amount of fine, forfeiture or penalty imposed, if any, or any changes to the amount;

(v)  Other information as determined and agreed upon by the office of the attorney general and the supreme court pursuant to rules promulgated by the attorney general and the supreme court.

(m)  Nothing in subsection (k) of this section shall preclude a state agency from requesting and obtaining public court records as provided by court rule.

(a)  The division may charge the record subject or any other person or noncriminal justice agency qualified to receive criminal history record information, a reasonable application fee of not more than fifteen dollars ($15.00) for processing of fingerprints and other information submitted for a criminal history records check, except:

(i)  No fee shall be charged to criminal justice agencies or the department of family services;

(ii)  The application fee charged shall be not more than ten dollars ($10.00) if:

(A)  The applicant is an organization engaged in providing volunteer services to youth or victims of family violence. Examples of those organizations include big brothers and big sisters and volunteer workers in safe houses for victims of family violence; and

(B)  The applicant requests the background investigation be performed solely to determine the suitability of a prospective volunteer to provide volunteer services.

(iii)  If national criminal history record information is requested by the submitting party pursuant to W.S. 7-19-201, the application shall include any additional fee required by the federal bureau of investigation in accordance with federal P.L. 92-544.

(b)  Criminal justice agencies which fingerprint applicants at the request of noncriminal justice agencies for criminal history record information may charge a reasonable fee of not more than five dollars ($5.00) for fingerprinting. Fees collected under this subsection shall be credited to the state general fund or to the general fund of the appropriate county or municipality.

(a)  An individual has the right to inspect all criminal history record information located within this state which refers to him. The record subject may apply to the district court for an order to purge, modify or supplement inaccurate or incomplete information. Notification of each deletion, amendment or supplementary notation shall be promptly disseminated to any person or agency which received a copy of the record in question during the previous twelve (12) month period as well as the person whose record has been altered.

(b)  Criminal justice agencies may prescribe reasonable hours and places for inspection of criminal history record information and may impose additional restrictions, including fingerprinting, reasonably necessary to both assure the records' security and to verify the identities of those who seek to inspect the records.

(c)  When an application for inspection of criminal history record information is received by a criminal justice agency the agency shall determine whether a record pertaining to the applicant is maintained. If a record is maintained, the agency shall inform the applicant of the existence of the record and inform him of the procedure for examining the record. Upon verification of his identity, the applicant or his authorized representative shall be allowed to examine the record pertaining to him and to receive a true copy.