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Wyoming Criminal Defense Laws

Wyoming is one of only two states (along with South Carolina) with no criminal statutes of limitations — any crime can be prosecuted at any time. The state classifies offenses as felonies or misdemeanors, with sentencing set on a crime-by-crime basis rather than through a guidelines grid. Wyoming has limited expungement options, allowing only a single misdemeanor conviction to be expunged after a waiting period. Wyoming uses the term "DWUI" (Driving While Under the Influence) rather than DUI/DWI.

Last verified: 2026-02-26

Statute of Limitations

No statute of limitations for any crimeWyoming law

Wyoming has no criminal statute of limitations. All crimes, from misdemeanors to felonies, can be prosecuted at any time regardless of when they occurred. Wyoming is one of only two states with this approach.

Key Wyoming Statutes

Felony Classification and SentencingWyo. Stat. Title 6

Wyoming sets felony penalties on a crime-by-crime basis. A felony is any crime punishable by more than one year in prison, up to life imprisonment or death. Examples: first-degree murder carries death or life without parole; first-degree sexual assault carries 5 to 50 years.

Misdemeanor ClassificationWyo. Stat. Title 6

Misdemeanors carry up to 6 months or 12 months in jail depending on the offense, with fines ranging from $1,000 to $5,000. Wyoming does not use a class-based misdemeanor system.

Expungement of Misdemeanor ConvictionsWyo. Stat. § 7-13-1501

A person may petition to expunge a single misdemeanor conviction after 5 years (or 1 year for status offenses) from completion of the sentence and probation. The conviction must not have involved a firearm. Only one lifetime expungement is permitted. Filing fee is $100.

DWUI (DUI) PenaltiesWyo. Stat. § 31-5-233

Wyoming's illegal BAC limit is 0.08%. First offense: up to 6 months in jail and $750 fine, plus 90-day license suspension. BAC of 0.15% or higher requires a 6-month ignition interlock device. Penalties escalate significantly for repeat offenses within 10 years.

Right to CounselWyo. Stat. § 7-6-102

A person charged with a crime punishable by incarceration has the right to be represented by a public defender if they cannot afford an attorney.

Official Sources

Not Legal Advice

This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Wyoming Legislature — Title 6 (Crimes). For advice about your specific situation, consult a licensed attorney.

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