Wyoming Administrative Code › Agency 015 - Attorney General › Sub-Agency 0006 - Criminal Investigation - Criminal Records › Chapter 2 - DEFINITIONS › Section 2-1 - Definitions

Current through July 13, 2024
(a) As used in these rules:
(i) "Central Repository" means the
				Division.
(ii) "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;
(iii) "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 dispositions 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;
(iv) "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;
(v)
				"Division" means the Wyoming Division of Criminal Investigation within the
				Office of the Attorney General;
(vi) "Disposition" means information
				disclosing that criminal proceedings have been concluded, including information
				disclosing that the police have elected not to refer a matter to a prosecutor
				or that a prosecutor has elected not to commence criminal proceedings.
				"Disposition" also includes disclosing the nature of the termination in the
				proceedings; or information disclosing that proceedings have been indefinitely
				postponed and also disclosing the reason for such postponement. Dispositions
				shall include, but not limited to, acquittal, acquittal by reason of insanity,
				acquittal by reason of mental incompetence, case continued without finding,
				charge dismissed for any reason, charge still pending due to insanity, charge
				still pending due to mental incompetence, guilty plea, nolle prosequi, no
				paper, nolo contendere plea, convicted, youthful offender determination,
				deceased, deferred disposition, dismissed--civil action, found insane, found
				mentally incompetent, pardoned, probation before conviction, sentence commuted,
				adjudication withheld, mistrial--defendant discharged, executive clemency,
				placed on probation, paroled, or released from correctional
				supervision.
(vii) "High
				misdemeanor" means a misdemeanor for which the penalty authorized by law
				exceeds the jurisdiction of municipal and justice of the peace
				courts;
(viii) "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;
(ix) "Juvenile" means
				child under the age of majority.
(x) "Law enforcement agencies" means sheriff
				offices, municipal police forces, the Wyoming State Highway Patrol and the
				Division.
(xi) "NCIC codes" means
				National Crime Information Center codes. These codes, utilized in the
				cross-reference, are in addition to those provided by the FBI and were created
				to allow detailed offense information rather than only free text entries. A
				distinct code has been assigned to each Wyoming criminal statute. These codes
				will have no meaning outside the State of Wyoming and should not be utilized in
				any way outside of the State. If it should become necessary to give an NCIC
				code number to the FBI or to some other state, utilize the first two numbers of
				the code followed by 99 and then specify the exact offense. The 99 designation
				indicates a "free text" of the general offense category established by the
				first two numbers.
(xii)
				"Nonconviction data" means arrest information in cases in which:
(A) There has been an acquittal, dismissal or
				annullment 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.
(xiii) "Reportable offense" or "Offense
				covered by these rules" means all offense in the Wyoming State Statutes for
				which the Division of Criminal Investigations is obtaining and collecting
				arrest and criminal disposition information. These
are listed in the Disposition Reference Guide which is made
				  available by the Division to any criminal justice agency. Reportable offenses
				  include:
ALL FELONIES - An offense for which the penalty is
				  imprisonment for more than one (1) year, and/or a fine greater than
				  $1,000.
ALL HIGH MISDEMEANORS - A misdemeanor for which the penalty
				  authorized by law exceeds the jurisdiction of municipal and justice of the
				  peace courts.
THE FOLLOWING OTHER MISDEMEANORS - Violations of
												6-2-310(c);
				  
												6-2-501(c);
				  
												6-2-501(d);
				  
												6-3-201(b)(i);
				  
												6-2-302(c);
				  
												6-3-303(b);
				  
												6-3-402(c)(iii);
				  
												6-3-403(a)(iii);
				  
												6-3-404(a)(iii);
				  
												6-3-404(b)(iii);
				  
												6-3-406(a)(iii);
				  
												6-3-407(a)(iii);
				  
												6-3-408(a)(ii);
				  
												6-3-408(c)(ii);
				  
												6-3-408(c)(ii);
				  
												6-3-409;
				  
												6-3-503(a)(i);
				  
												6-3-607(b)(iii);
				  
												6-3-608(a);
				  
												6-3-702(b)(i);
				  
												6-3-802(b)(i);
				  
												6-4-101;
				  
												6-4-201;
				  
												6-4-402(e);
				  
												6-4-403(h); 6-5202(b)(ii);
				  
												6-6-209;
				  
												6-7-102(a);
				  
												6-8-104(a);
				  
												31-5-233; and
				  
												35-7-1031(c).
(xiv) "Standard fingerprint card"
				means fingerprint cards provided by the state or Federal Bureau of
				Investigation.