Bill No.: HB0106                  Drafter:  JHR

LSO No.:  09LSO-0149              Effective Date:  2/26/2009

Enrolled Act No.:  HEA0028

Chapter No.:       67

Prime Sponsor:     Representative Lubnau

Catch Title:       Firearm ownership-domestic violence offenses.

Subject:  Amends the purpose for which an expungement of misdemeanor criminal records under W.S. 7-13-1501 may be used.

Summary/Major Elements:

· Under current law, an expungement of a misdemeanor criminal record under W.S. 7-13-1501 shall only be used for the purpose of restoring firearm rights that have been lost as a result of the conviction.

· This bill:

· Provides that a person who had pleaded guilty or nolo contendere or been convicted of specified misdemeanor offenses (i.e., simple assault or battery, reckless endangering or breach of peace) may petition for an expungement of the criminal record, if 5 years (currently 1 year) has passed since the expiration of the sentence imposed for the offense and the petitioner has not previously been convicted of another of the specified offenses;

· Eliminates language that specifies the purpose of an expungement under this statute shall only be used for the purpose of restoring firearm rights lost as a result of such conviction.

Comments:

· The intent of the bill was to address a finding in State of Wyoming v. United States, ATF, 539 F.3d 1236 (2008), wherein the court found that W.S. 7-13-1501 was deficient for purposes of restoring firearm rights because such expungement did not meet the federal definition in 18 U.S.C. 921(a)(33)(B)(ii).