Wyoming Background Check Laws for Employers (2026)
Wyoming keeps its state criminal repository closed to name-only searches. As a result, most employers screen through county courts and an FCRA-compliant consumer reporting agency.
This guide explains every Wyoming statute, agency, and lookback rule that shapes a lawful employment background check.
Wyoming Background Check Laws at a Glance
Wyoming has no state version of the Fair Credit Reporting Act. Instead, the federal FCRA sets the core rules for every Wyoming employer.
Several Wyoming statutes then add limits on criminal records, expungement, licensing, and driving records. The table below maps each law to the agency that administers it.
| Topic | Statute or Regulation | What It Does | Administered By |
|---|---|---|---|
| Consumer reports | Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (no Wyoming equivalent) | Requires a disclosure, written authorization, and adverse action notices. | FTC and CFPB |
| State criminal records | Wyo. Stat. §§ 7-19-101 to 7-19-109 | Limits who receives repository records and requires fingerprints for non-criminal justice requests. | Wyoming Division of Criminal Investigation (DCI) |
| Mandated fingerprint checks | Wyo. Stat. § 7-19-201 | Lists the positions and licenses that need state or national fingerprint checks. | DCI and the requesting agency |
| Expungement | Wyo. Stat. §§ 7-13-1401, 7-13-1501, 7-13-1502 | Removes eligible arrests and convictions from public access. | Wyoming district courts and DCI |
| Occupational licensing | Wyo. Stat. § 33-1-304 | Limits boards to directly related convictions and sets a 20-year cap. | State licensing boards |
| Driving records | Driver’s Privacy Protection Act, 18 U.S.C. § 2721; Wyo. Stat. § 31-7-309 | Restricts MVR release to permitted purposes and requires a signed release. | WYDOT Driver Services |
| Discrimination and tobacco use | Wyoming Fair Employment Practices Act, Wyo. Stat. § 27-9-101 et seq. | Bars job discrimination, including for lawful off-duty tobacco use. | Department of Workforce Services, Labor Standards |
| Child care staff | 049-3 Wyo. Code R. § 10 | Requires fingerprint and central registry checks before work begins. | Department of Family Services |
| Ban the box | None statewide | Employers may ask about convictions on an application. | Not applicable |
How the FCRA Applies to Wyoming Employers
Every Wyoming employer that orders a report from a background screening company must follow the Fair Credit Reporting Act. The Federal Trade Commission and the Consumer Financial Protection Bureau enforce it.
In short, the FCRA works as a four-step process. Skipping any step exposes you to class action risk.
Clear Disclosure
Give the applicant a standalone written disclosure before you order the report. 15 U.S.C. § 1681b(b)(2) forbids extra terms on that form.
Written Authorization
Next, obtain the applicant’s signed permission. An electronic signature works when it meets the E-SIGN Act.
Pre-Adverse Action
Before you decide, send a copy of the report and the CFPB Summary of Rights. Then allow time for a dispute.
Adverse Action Notice
Finally, send the notice that 15 U.S.C. § 1681m(a) requires. State that the agency did not make the decision.
Wyoming Criminal History Record Information Act
The Criminal History Record Information Act, Wyo. Stat. §§ 7-19-101 through 7-19-109, controls Wyoming’s central repository. The Wyoming Division of Criminal Investigation maintains that repository within the Office of the Attorney General.
Under Wyo. Stat. § 7-19-106(c), every non-criminal justice request must include the record subject’s fingerprints. Consequently, a private employer cannot run a quick name search of DCI files.
DCI also releases records only to authorized recipients or with proof of the subject’s consent. In practice, that makes Wyoming one of the most closed repositories in the West.
DCI Fees and Turnaround
DCI’s Applicant Tracking System lets a person request their own record. A Wyoming and Western Identification Network check costs $15. An FBI check adds $24.
According to DCI, results generally take about two weeks. However, high volume or poor prints can stretch that to five or six weeks.
What This Means for Private Employers
Most Wyoming employers therefore screen through county courts instead. Wyoming has 23 counties, and each one runs district and circuit courts.
A trained researcher searches each court index and reviews every possible match. That method returns the charge, the disposition, and the sentence the FCRA expects.
For that reason, BCS Background Screening LLC runs a county criminal court search in each county of residence.
Wyoming Lookback Limits for Criminal Background Checks
Wyoming has no statute that caps how far back a private employer may look. Therefore, the federal FCRA lookback rule in 15 U.S.C. § 1681c controls what a screening agency may report.
Arrests and Non-Convictions
An agency cannot report arrests or dismissed charges older than seven years.
Criminal Convictions
Convictions may appear on a report no matter how old they are.
Salary Exemption
The seven-year limit falls away for jobs paying $75,000 or more a year.
Licensing Boards
Under Wyo. Stat. § 33-1-304, boards generally cannot weigh unrelated convictions older than 20 years.
Even so, older records deserve an individualized assessment. The EEOC’s 2012 enforcement guidance asks you to weigh the offense, the time elapsed, and the job.
Expungement and Deferred Sentences in Wyoming
Wyoming lets people petition a court to expunge certain records. After a court grants the order, it seals the file. A proper court search then will not return that case.
| Record Type | Statute | Waiting Period | Key Limits |
|---|---|---|---|
| Arrest or dismissed charge | § 7-13-1401 | 180 days after arrest or dismissal | No conviction may have resulted |
| Misdemeanor conviction | § 7-13-1501 | 5 years after sentence (1 year for status offenses) | Excludes firearm offenses and certain patient-abuse crimes |
| Felony conviction | § 7-13-1502 | 10 years after sentence and restitution | Excludes violent, sexual, and firearm felonies |
How Expungement Affects Hiring
Under § 7-13-1401(f), a person with an expunged arrest may answer any inquiry as though it never happened. As a result, never penalize a candidate for leaving an expunged arrest off an application.
Likewise, Wyo. Stat. § 14-6-241 treats expunged juvenile adjudications as though they never occurred. The person may answer inquiries accordingly.
The Wyoming Judicial Branch publishes petition forms and eligibility guides for each expungement type.
Deferred Sentences Under § 7-13-301
Wyoming also offers deferred sentences to many first offenders under Wyo. Stat. § 7-13-301. After successful probation, the court dismisses the case without an adjudication of guilt.
By statute, that dismissal is not a conviction for any purpose, as the Collateral Consequences Resource Center explains. Accordingly, treat a completed deferral as a non-conviction record.
Does Wyoming Have a Ban the Box Law?
No. Wyoming has not enacted a statewide ban-the-box law for public or private employers. We also found no enforceable city or county ordinance in Wyoming.
Therefore, Wyoming employers may ask about criminal convictions on a job application. Nevertheless, federal law still shapes how you use that answer.
Title VII bars criminal record policies that screen out protected groups without a job-related reason. Meanwhile, federal agencies and contractors follow the Fair Chance to Compete for Jobs Act of 2019. That law delays conviction questions until after a conditional offer.
Wyoming Driving Record (MVR) Rules
WYDOT Driver Services releases driving records under the federal Driver’s Privacy Protection Act, 18 U.S.C. § 2721. Every request needs a signed Release of Driving Record and Personal Information form.
Additionally, WYDOT requires a fresh form each time you request a record. The requester must also agree not to resell the data.
What a Wyoming MVR Shows
A standard record costs $10. It lists moving violations and related actions for three years.
Serious offenses, such as DUI and reckless driving, stay visible for five years. Employers may also request a 10-year record when company policy requires it.
Commercial Drivers
For CDL holders, Wyo. Stat. § 31-7-309 governs how WYDOT furnishes driving record information. Motor carriers also follow 49 C.F.R. § 391.23, which requires MVR and previous-employer inquiries.
BCS Background Screening LLC pulls these reports through its motor vehicle records search.
Credit Checks, Tobacco Use, and Drug Testing
Employment Credit Reports
Wyoming does not restrict employer credit checks. Still, the FCRA disclosure, authorization, and adverse action steps apply in full.
Furthermore, tie credit checks to financial or fiduciary duties. That practice lowers disparate-impact risk under Title VII.
Lawful Off-Duty Tobacco Use
The Wyoming Fair Employment Practices Act, Wyo. Stat. § 27-9-105, bars discrimination for tobacco use outside work. A bona fide occupational qualification is the only narrow exception, as Baker Donelson’s Wyoming employment guide notes.
The Department of Workforce Services, Labor Standards office, investigates these discrimination complaints.
Drug and Alcohol Testing
Wyoming has no general workplace drug testing statute. Employers may still test under a clear, consistent written policy.
In addition, the Department of Workforce Services approves drug and alcohol testing programs. Under Wyo. Stat. § 27-14-201(o), employers that comply may receive a workers’ compensation base-rate discount of up to 10 percent.
Recreational marijuana also remains illegal under Wyoming law. So, Wyoming offers no off-duty cannabis protection for applicants.
Protecting Report Data
Wyoming’s data breach law, Wyo. Stat. § 40-12-501 et seq., requires notice after a breach of personal identifying information. Keep background reports in a secure portal and limit who can open them.
Industry-Specific Background Check Rules in Wyoming
Some Wyoming jobs require fingerprint checks by law. Wyo. Stat. § 7-19-201 lists many of these positions. Below are the rules employers ask about most.
Child Care Facilities
Department of Family Services rules at 049-3 Wyo. Code R. § 10 require a national fingerprint check before work begins. Staff also need Central Registry checks for every state lived in during the past five years.
Schools and Teachers
The Professional Teaching Standards Board requires Wyoming fingerprint cards for licensure. PTSB forwards the cards to DCI for processing.
Licensed Professions
Under Wyo. Stat. § 33-1-304, licensing boards may weigh only convictions directly related to the job. Unrelated convictions older than 20 years generally fall outside review.
Commercial Drivers
Motor carriers must pull an MVR from every state of licensure in the past three years. They also follow FMCSA previous-employer rules under 49 C.F.R. § 391.23.
How Long Does a Wyoming Background Check Take?
A DCI fingerprint check generally takes about two weeks. During busy months, it can stretch to six weeks.
By contrast, a county court search skips the fingerprint queue entirely. Researchers query the court index directly and verify each match against the case file.
A BCS Background Screening LLC county criminal court search costs $18 plus any court fees. Pair it with an SSN Trace so you search every county where the applicant lived.
Wyoming Employment Screening Services
BCS Background Screening LLC builds every Wyoming search around the FCRA and the state rules above.
County Criminal Court Search
Researchers search district and circuit courts in any Wyoming county. Price: $18 plus court fees.
SSN Trace
Reveals names, aliases, and 10+ years of address history to target county searches.
Nationwide Criminal Database
A multi-state locator that flags records beyond Wyoming. We verify every hit at the source court.
Federal Criminal Search
Covers the U.S. District Court for the District of Wyoming for federal offenses.
Motor Vehicle Records
Pulls Wyoming driving records with DPPA-compliant permissible purpose on file.
Verifications and Add-ons
Adds employment, education, and license verification to any Wyoming package.
Access to SSN Trace functionality is restricted at initial registration. This feature cannot be accessed at initial signup until your organization’s business use case is verified.
Wyoming Employer Compliance Checklist
- Give a standalone FCRA disclosure and get written authorization first.
- Search county courts in every Wyoming county where the applicant lived.
- Confirm the final disposition before acting on any arrest.
- Ignore expunged records and completed § 7-13-301 deferrals.
- Apply the seven-year FCRA limit to non-convictions under $75,000.
- Collect a signed WYDOT release for each driving record request.
- Never reject applicants for lawful off-duty tobacco use.
- Send pre-adverse and adverse action notices in the correct order.
Wyoming Employment Screening Law FAQs
What laws govern employment background checks in Wyoming?
Wyoming has no state FCRA equivalent. So, the federal Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq., sets the core rules. The FTC and CFPB enforce it.
In addition, the Criminal History Record Information Act, Wyo. Stat. §§ 7-19-101 to 7-19-109, controls state repository records. The Wyoming Division of Criminal Investigation administers that act.
Can Wyoming employers get criminal records from the Wyoming DCI?
Only with fingerprints. Wyo. Stat. § 7-19-106(c) requires the record subject’s prints for every non-criminal justice request.
The Wyoming Division of Criminal Investigation processes these requests. For that reason, most private employers use county court searches instead.
How far back can a Wyoming background check go?
Wyoming sets no lookback limit of its own. Instead, the FCRA at 15 U.S.C. § 1681c bars reporting arrests older than seven years.
Convictions have no time limit. The seven-year rule also falls away for jobs paying $75,000 or more. The FTC and CFPB enforce these limits.
Does Wyoming have a ban-the-box law?
No. Wyoming has no statewide ban-the-box statute for public or private employers. So, you may ask about convictions on an application.
However, Title VII still applies. The EEOC recommends an individualized assessment of each record.
Can employers consider expunged or deferred records in Wyoming?
Legally, yes, although the safer practice is to ignore them. No Wyoming statute bars a private employer from considering an expunged record it learns of. Wyo. Stat. §§ 7-13-1401, 7-13-1501, and 7-13-1502 let courts expunge eligible arrests and convictions. Wyoming district courts grant the orders, and DCI updates the repository.
Likewise, a completed deferral under Wyo. Stat. § 7-13-301 is not a conviction for any purpose.
Can Wyoming employers check driving records?
Yes. WYDOT Driver Services releases MVRs under the Driver’s Privacy Protection Act, 18 U.S.C. § 2721. Each request needs a signed release form.
Wyo. Stat. § 31-7-309 also governs driving record data for CDL holders.
Are credit checks for employment restricted in Wyoming?
No Wyoming statute limits employer credit checks. Even so, the FCRA disclosure, authorization, and adverse action rules apply.
The FTC and CFPB enforce those federal rules. Limit credit checks to roles with financial duties.
Which Wyoming jobs require fingerprint background checks?
Wyo. Stat. § 7-19-201 lists positions that need state or national fingerprint checks. Examples include school staff and child care workers.
The Department of Family Services enforces child care rules under 049-3 Wyo. Code R. § 10. DCI processes the fingerprints.
Screen Wyoming Applicants With Confidence
BCS Background Screening LLC delivers FCRA-compliant Wyoming county, federal, and driving record searches. Open an account today and order your first search in minutes.
Every user account also includes optional Multiple Authentication Factor (MAF) for added login security.
This page provides general information about Wyoming background check laws, not legal advice. Laws change often, so consult an employment attorney before you finalize a screening policy. Revised October 2026.