Wyoming DUI Expungement: Can You Clear a DUI From Your Record?

The short answer: yes, Wyoming allows expungement of a first-offense misdemeanor DUI conviction. The longer answer involves waiting periods, two separate record systems, and a lookback window that operates on its own timeline regardless of what happens to your criminal record.

The 5-Year Waiting Period

Under W.S. § 7-13-1401, you can petition to expunge a misdemeanor conviction — including a first-offense DUI — once you have completed your entire sentence (including probation) and five years have passed since that completion date. The clock starts when every condition is satisfied: fines paid, probation ended, treatment programs finished, community service done.

The petition is filed with the circuit court that handled your original case. The court reviews whether you have stayed out of trouble during the waiting period and whether expungement serves the interests of justice. It is discretionary — the judge is not required to grant it.

You can find the standard petition forms on the Wyoming Judicial Branch website at wyocourts.gov under the expungements section.

Deferred Prosecution Is Not the Same as Expungement

If you completed deferred prosecution under W.S. § 7-13-301, your criminal charge was dismissed after successful probation. That dismissal means there is no conviction to expunge — the criminal case ended without a guilty verdict on your record. For most background check purposes, this is a better outcome than expungement because the charge was dismissed rather than sealed after conviction.

However, the arrest record still exists. And the administrative record is entirely separate.

The Administrative Record Does Not Get Expunged

This is where people get tripped up. Wyoming maintains two distinct record systems:

1. Criminal court record — the misdemeanor DUI charge, disposition, and sentence. This is what expungement or deferred prosecution can address.
2. WYDOT administrative driving record — the license suspension, any restricted license history, and the implied consent action. This stays on your driving record regardless of what happens in criminal court.

A criminal expungement does not erase the WYDOT administrative suspension from your driving history. The administrative per se suspension that WYDOT imposed (90 days for a failed BAC test, 6 months for a refusal) remains visible on your driving record.

The 10-Year Lookback Window

Wyoming uses a 10-year lookback period under W.S. § 31-5-233(e) to determine whether a future DUI arrest counts as a first offense or a repeat offense. This lookback runs from the date of the prior offense, not from the date of expungement or case closure.

What this means in practice: even if you successfully expunge a first-offense DUI conviction at the 5-year mark, and you are arrested for DUI again at year 7, the prior offense is still within the 10-year lookback window. Wyoming can use it to enhance penalties on the new charge.

The lookback references the administrative driving record, not just the criminal court record. Since the WYDOT administrative history is not subject to expungement, the prior DUI remains visible for penalty enhancement purposes throughout the full 10-year window.

What Shows on a Background Check

Before expungement, a first-offense DUI conviction will appear on:

• Criminal background checks (employer, landlord, licensing board)
• WYDOT driving record requests
• Federal or specialized background checks — do not assume that a Wyoming order changes every database or the WYDOT driving record

After expungement, the criminal court record is sealed. Most standard employer background checks will not surface the conviction. But the WYDOT driving record still reflects the administrative suspension, and specialized background checks (like those for CDL employers or security clearances) may still uncover the history.

Steps to Petition for Expungement

1. Confirm that five full years have passed since you completed every condition of your sentence
2. Obtain the petition forms from the Wyoming Judicial Branch expungements page
3. File the petition in the circuit court where the conviction was entered
4. Pay the filing fee (varies by county)
5. Attend the hearing if the court schedules one
6. If granted, the court orders the record sealed

The Wyoming First-Offense DUI Guide covers the full timeline from arrest through reinstatement, including how deferred prosecution and expungement fit into your long-term planning for both the criminal and administrative tracks.

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