Wyoming Background Check Laws (2026 Guide)

Wyoming has no comprehensive state background check law for employment. The federal Fair Credit Reporting Act (15 U.S.C. 1681) governs how employers obtain, use, and act on background check reports in the state. The FCRA limits reporting of non-conviction records to seven years, while criminal convictions may be reported indefinitely.

Last verified: March 2026. This page reflects current Wyoming Statutes Title 7, Chapter 13, Articles 14 and 15, Title 7, Chapter 19, and applicable federal law under the Fair Credit Reporting Act (15 U.S.C. 1681).

Table of Contents

• Overview of Wyoming Background Check Laws
• Ban the Box in Wyoming
• Employment Background Checks
• FCRA Rules and Lookback Periods
• Expungement of Criminal Records
• Housing and Tenant Screening
• Professional Licensing Checks
• Healthcare and Childcare Background Checks
• Recent Legal Changes
• Frequently Asked Questions
• Sources and References

Overview of Wyoming Background Check Laws

Wyoming is one of the least regulated states in the country when it comes to employment background checks. The state legislature has not enacted a comprehensive screening statute that governs how private employers request, evaluate, or act on criminal history information.

Instead, Wyoming employers must follow federal law, primarily the Fair Credit Reporting Act (FCRA) and Title VII of the Civil Rights Act, which the Equal Employment Opportunity Commission (EEOC) enforces. These federal frameworks set baseline requirements for consent, disclosure, and adverse action procedures.

The Wyoming Division of Criminal Investigation (DCI), housed within the Office of the Attorney General, maintains the state's criminal history repository. DCI processes fingerprint-based background checks for employers, licensing boards, and government agencies through its Applicant Tracking System.

Who may receive that information is set by statute rather than by agency practice. WS 7-19-106 lists the agencies, boards, and entities to which a criminal justice agency may disseminate criminal history record information, and subsection (k)(ii) authorizes a voluntary record check for any applicant who submits proof that the record subject consents to the release, routes the request through a Wyoming criminal justice agency, and pays the fee set by WS 7-19-108. WS 7-19-201 separately lists the people who must submit to fingerprinting to obtain state and national criminal history record information, including Department of Health and Department of Family Services employees with access to minors, the elderly, or people with mental illness or developmental disabilities, employees of certified substitute care providers, and applicants to a series of named licensing boards.

Despite the minimal state-level regulation, Wyoming does have specific rules that apply to certain industries. Healthcare workers, childcare providers, and professionals seeking state licensure face mandatory fingerprint-based screening through DCI and, in many cases, FBI database searches.

Ban the Box in Wyoming

Wyoming has no statewide Ban the Box law. Employers across the state are legally permitted to include criminal history questions on job applications and inquire about convictions at any stage of the hiring process.

This places Wyoming among a shrinking number of states that have not adopted any form of fair-chance hiring legislation at the state level. As of 2026, more than 15 states have enacted laws requiring private employers to remove conviction history questions from initial job applications.

Local Ban the Box Measures

No Wyoming municipality has an identified fair-chance hiring ordinance either. The National Employment Law Project's fair-chance hiring guide, which tracks local ordinances as well as state laws, names 37 states and more than 20 individual cities and counties. No Wyoming jurisdiction appears anywhere in it.

Municipal personnel policies can change without ever surfacing in a national tracker, so an applicant or employer who wants to confirm the rule in a particular Wyoming city should ask that city's clerk or human resources office directly rather than assume one exists.

For employers operating statewide, the practical effect is straightforward: Wyoming law does not restrict when you can ask about criminal history. The EEOC rescinded its 2012 guidance on individualized assessment on October 28, 2026, effective immediately, but Title VII still applies, so documenting a job related reason before rejecting an applicant over criminal history remains the way to limit disparate impact risk.

Employment Background Checks

Employer Consent Requirements

Under the FCRA, any Wyoming employer using a third-party consumer reporting agency (CRA) to conduct a background check must follow these federal requirements:

• Written disclosure. The employer must provide a clear, standalone written notice to the applicant that a background check may be obtained.
• Written authorization. The applicant must sign a consent form before the employer orders the report.
• Pre-adverse action notice. If the employer plans to take negative action based on the report, it must first provide the applicant with a copy of the report and a summary of rights under the FCRA.
• Adverse action notice. After a reasonable waiting period (typically five business days), the employer must send a final notice explaining the adverse decision, the CRA's contact information, and the applicant's right to dispute the report.

These requirements apply regardless of whether the employer is checking criminal records, credit history, driving records, or employment verification.

Employer-Required Physical Examinations

Wyoming law includes one notable state-specific screening requirement, and it concerns who pays. Under WS 27-11-113, part of the state's Occupational Health and Safety Act, an employer may require an employee to submit to a physical examination before employment or at any time during employment. The section closes with a plain directive: "The employer shall pay for such examination."

That statute speaks in terms of a physical or medical examination. It does not mention drug or alcohol screening, so it should not be read as a payment rule specific to pre-employment drug tests. Wyoming has no statute that limits when or how a private employer may drug test job applicants.

EEOC Guidance on Criminal History

The EEOC voted on October 28, 2026 to rescind its 2012 Enforcement Guidance, effective immediately, so it no longer states agency policy for Wyoming employers. Title VII itself is unchanged, with 42 U.S.C. 2000e-2(a) prohibiting race and national origin discrimination and 42 U.S.C. 2000e-2(k) governing disparate impact claims, and the FCRA steps above still apply. The principles the withdrawn guidance had set out were:

• Blanket policies that automatically disqualify anyone with a criminal record may constitute disparate impact discrimination under Title VII of the Civil Rights Act.
• Employers should conduct an individualized assessment considering the nature and gravity of the offense, the time elapsed since the offense, and the nature of the job.
• Arrest records alone (without conviction) should not be used to deny employment. An arrest does not establish that criminal conduct occurred.
• National data supports a finding that criminal record exclusions have a disparate impact based on race and national origin.

FCRA Rules and Lookback Periods

Because Wyoming has not enacted its own lookback-period statute, the federal FCRA rules control how far back consumer reporting agencies can report information.

Seven-Year Reporting Restrictions

Under the FCRA, consumer reporting agencies generally may not report the following items if they are more than seven years old:

• Arrests that did not result in conviction
• Civil suits and civil judgments
• Paid tax liens
• Accounts placed for collection
• Any other adverse information (other than criminal convictions)

Criminal Convictions

Criminal convictions have no time limit under the FCRA. A consumer reporting agency may report a criminal conviction regardless of how old it is, unless the record has been expunged or sealed under Wyoming law.

Salary-Based Exception

The FCRA seven-year restrictions on adverse information (including non-conviction records) do not apply to positions where the applicant's annual salary is expected to be $75,000 or more. For these higher-paying positions, reporting agencies can include older records in their reports.

Credit Reports

Wyoming follows the FCRA for credit checks used in employment. Employers must obtain written consent before pulling credit reports and may only use them when the information is relevant to the position. Credit reports are most commonly requested for positions involving financial responsibility.

Expungement of Criminal Records

Wyoming provides statutory mechanisms for expunging certain criminal records. These provisions directly affect what appears on background checks, since expunged records are sealed from public disclosure and should not be reported by consumer reporting agencies.

Expungement of Arrest Records (WS 7-13-1401)

Under Wyoming Statute 7-13-1401, individuals may petition for expungement of records related to arrest, dismissal of charges, or disposition. Key requirements include:

• At least 180 days must have passed since the arrest, or from the date the charges were dismissed.
• The petition must be verified by the petitioner and served upon the prosecuting attorney.
• No order granting expungement will be issued until at least 20 days after service on the prosecutor.
• No filing fee is required for arrest record expungement.

Once granted, the proceedings are deemed never to have occurred, and the petitioner may respond accordingly to any inquiry about the matter.

Misdemeanor Expungement (WS 7-13-1501)

Wyoming Statute 7-13-1501 allows individuals convicted of misdemeanors to petition for expungement of their conviction records, subject to specific conditions:

• Waiting period. At least five years must have passed since the completion of the sentence. For status offenses (offenses that apply only to certain groups, such as minors), the waiting period is one year.
• No firearm involvement. The misdemeanor must not have involved the use of a firearm.
• Safety determination. The court must find that the petitioner does not represent a substantial danger to themselves, any identifiable victim, or society.
• Filing fee. A $100 filing fee is required.
• Victim notification. The prosecuting attorney must serve notice of the petition by certified mail to any identifiable victims at their last known addresses.
• One-time limit. An individual may only receive one misdemeanor expungement under this statute. A person who has previously received an expungement under WS 7-13-1501 cannot seek a second expungement.

The prosecuting attorney has 30 days after service to file an objection or recommendation with the court.

Felony Expungement (WS 7-13-1502)

Wyoming also permits expungement of certain felony convictions under WS 7-13-1502, though eligibility is significantly more restrictive:

• Waiting period. At least 10 years must have passed since the completion of the sentence.
• No prior felonies. The petitioner must not have any other felony convictions (apart from the conviction for which expungement is sought).
• No firearm involvement. The felony must not have involved the use of a firearm.
• Restitution. All court-ordered restitution must have been paid in full.
• Filing fee. A $300 filing fee is required.
• Single episode only. Only one felony episode is eligible for expungement under this section.

Certain felonies are excluded outright, but the exclusion list in WS 7-13-1502(a)(iv) is narrower than it is often described. It reaches violent felonies as defined in WS 6-1-104(a)(xii), a set of individually enumerated Title 6 offenses, and any offense subject to sex offender registration under WS 7-19-302(g) through (j). The enumerated Title 6 sections include the sexual assault and sexual abuse offenses at WS 6-2-301 through 6-2-320, child endangerment involving controlled substances under WS 6-4-405, bribery under WS 6-5-102, escape under WS 6-5-206 and 6-5-207, and the firearm offenses at WS 6-8-101 and 6-8-102.

Felony DUI sits in Title 31 and delivery of a controlled substance sits in Title 35. Neither appears on the WS 7-13-1502(a)(iv) exclusion list, so neither is a categorical statutory bar to petitioning, though the waiting period, prior-felony, firearm, and restitution conditions above still apply and the court retains discretion.

Effect of Expungement

When a Wyoming court grants expungement, the record is classified within the DCI state central repository so that it will not be available for dissemination except to criminal justice agencies. The proceedings in the case are legally deemed never to have occurred, and the individual may respond to inquiries about the matter as though it never happened.

Housing and Tenant Screening

Wyoming has no state law that restricts landlords from considering criminal history when evaluating rental applicants. Landlords and property management companies may conduct criminal background checks and use the results in their screening decisions.

Key Rules for Landlords

• Written consent is required. Landlords must obtain the prospective tenant's written consent before running a background check through a consumer reporting agency, as required by the FCRA.
• No limits on application fees. Wyoming does not cap the amount landlords can charge for rental application or screening fees. The fees are not required to be refundable.
• Consistent application. While landlords may consider criminal history, they must apply their screening criteria consistently and in a nondiscriminatory manner to comply with the federal Fair Housing Act.
• FCRA adverse action requirements. If a landlord denies a rental application based on information in a consumer report, they must provide the applicant with an adverse action notice, a copy of the report, and a summary of the applicant's FCRA rights.

Fair Housing Considerations

The U.S. Department of Housing and Urban Development (HUD) has issued guidance cautioning that blanket bans on renting to anyone with a criminal record may violate the Fair Housing Act if they have a disparate impact on protected classes. Wyoming landlords should consider using individualized assessments rather than automatic disqualifications.

Professional Licensing Checks

Many Wyoming professional licensing boards require fingerprint-based criminal background checks as part of the application process. These checks are processed through the Wyoming DCI and, in some cases, include an FBI national database search. For several of these boards the fingerprint requirement is statutory rather than a matter of board policy: WS 7-19-201 lists by name the applicants who must submit prints to obtain state and national criminal history record information.

Nursing

The Wyoming State Board of Nursing (WSBN) requires new fingerprint cards for background checks as part of the licensure process. Processing typically takes three to four weeks once DCI receives the fingerprint cards.

Wyoming has no automatic disqualifiers for nursing licensure. All applications are reviewed on a case-by-case basis. Applicants with criminal history must upload all relevant documents and provide a personal statement for each offense (excluding motor vehicle violations) when applying through the Nurse Portal.

Wyoming participates in the Nurse Licensure Compact, which allows nurses with multistate licenses to practice across member states without obtaining additional licenses. Compact participation requires a current fingerprint-based background check.

Real Estate

The Wyoming Real Estate Commission requires applicants for salesperson and broker licenses to submit two fingerprint cards as part of their application. Criminal background results are reviewed during the licensing evaluation.

Nursing Home Administrators

Pursuant to 2022 legislation and emergency rules signed effective July 20, 2022, the Nursing Home Administrator Board is authorized to require fingerprint background checks for all new applications for licensure.

Healthcare and Childcare Background Checks

Wyoming imposes mandatory background screening requirements for individuals working in healthcare settings and childcare facilities. These requirements are more extensive than standard employment background checks.

Wyoming Department of Health Screening

The Wyoming Department of Health (WDH) requires background screenings for employees at direct care facilities, the Wyoming Public Health Laboratory, WIC, and Vital Statistics Services. These screenings include three components:

• Criminal history screening through DCI and FBI fingerprinting
• Department of Family Services (DFS) Central Registry screening
• U.S. Department of Health and Human Services Exclusions Database search

Individuals working with minors, elderly individuals, or individuals experiencing mental illness are subject to these requirements, which track the statutory fingerprinting mandate at WS 7-19-201(a)(ii) for state institution, Department of Family Services, and Department of Health employees who may have access to those groups.

Home and Community-Based Services (HCBS) Waiver Providers

Providers under HCBS waiver programs must confirm that they have not been convicted of, or pleaded no contest to, any barrier crimes listed in Wyoming Statute Title 6, Chapters 2 and 4. These barrier crimes include serious offenses such as homicide, sexual assault, and kidnapping.

Childcare Providers

The Wyoming Department of Family Services (DFS) administers background checks for childcare workers. Required screening elements include:

• Fingerprint-based criminal background check
• National Sex Offender Registry check
• Wyoming child abuse and neglect (Central Registry) check
• State sex offender registry checks for Wyoming and all states of residency during the past five years
• Child abuse and neglect checks for all states of residency during the past five years

These checks must be completed before an individual can work unsupervised with children.

DCI Processing Details

Fingerprinting for all state-mandated background checks can be arranged through a local law enforcement agency or at the DCI office at 208 S. College Drive in Cheyenne, Wyoming. Processing generally takes two weeks, though it can extend to five or six weeks depending on monthly volume and fingerprint quality.

Payment must be submitted by money order or cashier's check payable to the Office of the Attorney General or DCI. Cash, personal checks, and credit cards are not accepted.

Recent Legal Changes

While Wyoming has not enacted new background check legislation in recent years, several related legal developments affect employers and screening practices in the state.

Non-Compete Agreement Ban (2025)

On March 19, 2025, Wyoming enacted a law banning most non-compete agreements in employment contracts, effective July 1, 2025. While not directly a background check law, this legislation reflects a broader trend toward employee-friendly employment practices in the state. Exceptions exist for non-competes tied to business sales, trade secret protection, and executive-level personnel.

Consumer Data Privacy Considerations

Wyoming has not enacted a statute governing how employers store, mask, or redact the personal identifiers they collect during hiring. The state's one directly applicable obligation is its breach notification law. Under WS 40-12-502, a business that owns or licenses computerized data containing personal identifying information about a Wyoming resident must investigate promptly once it becomes aware of a security breach and notify affected residents when misuse has occurred or is reasonably likely to occur.

Keeping full Social Security numbers out of open files and limiting how long identifiers are retained after a hiring decision are sound practices that reduce exposure under that law. They are recommendations, not Wyoming legal requirements.

Federal Developments

The FCRA continues to be actively enforced. Employers in Wyoming should monitor developments from the Consumer Financial Protection Bureau (CFPB), which supervises FCRA compliance, and the EEOC, which enforces Title VII in employment decisions that involve criminal history and rescinded its 2012 guidance on the subject on October 28, 2026.

Frequently Asked Questions

Does Wyoming have a Ban the Box law?

No. Wyoming has no statewide Ban the Box law, and private employers may ask about criminal history at any stage of the hiring process. No Wyoming city or county appears in the National Employment Law Project's fair-chance hiring guide, which tracks local ordinances as well as state laws, so there is no identified municipal ban-the-box measure in the state either.

How far back do background checks go in Wyoming?

Wyoming follows federal FCRA rules. Arrests that did not lead to conviction can only be reported for seven years. Criminal convictions can be reported indefinitely unless the record has been expunged. For positions paying $75,000 or more per year, the seven-year limit on non-conviction adverse information does not apply.

Can a misdemeanor be expunged in Wyoming?

Yes. Under WS 7-13-1501, a person convicted of a misdemeanor may petition for expungement after five years have passed since completing their sentence (one year for status offenses). The misdemeanor must not have involved a firearm, and the petitioner must not pose a danger to themselves or others. A $100 filing fee applies, and each person is limited to one misdemeanor expungement.

Can a felony be expunged in Wyoming?

Some felonies can be expunged under WS 7-13-1502. The petitioner must wait 10 years after completing their sentence, must have no other felony convictions, and must have paid all court-ordered restitution. The exclusion list at WS 7-13-1502(a)(iv) covers violent felonies, enumerated Title 6 offenses such as sexual assault, child endangerment involving controlled substances, bribery, escape, and firearm offenses, plus any offense requiring sex offender registration. Felony DUI and delivery of a controlled substance are not on that list, so they are not categorical bars. A $300 filing fee applies.

What background checks are required for childcare workers in Wyoming?

The Wyoming Department of Family Services requires fingerprint-based criminal background checks, a National Sex Offender Registry check, a Wyoming child abuse and neglect check, and state sex offender registry checks for all states of residency during the past five years. These checks must be completed before an individual can work unsupervised with children.