Wyoming background check laws for employers (2026): what you can check and when
On this page
- Does Wyoming add anything to the federal FCRA?
- How far back can a Wyoming background check go?
- How do you get a Wyoming criminal record?
- What happens to expunged records in Wyoming?
- When can Wyoming employers ask about criminal history?
- Which Wyoming jobs require background checks?
- Can Wyoming employers check credit, salary history or social media?
- Wyoming background check rules at a glance
- What should recruiters and staffing agencies do in Wyoming?
- Questions people ask
Wyoming employers may run background checks, and the state adds no paperwork to the federal Fair Credit Reporting Act. As of October 2026, what matters most is that Wyoming's criminal history repository is closed: the Division of Criminal Investigation (DCI) releases a record to an employer only through a voluntary record check with the person's consent and fingerprints, for a state fee of $15. Expunged arrests may be answered as though they never happened, a first-offender discharge "is not a conviction for any purpose," and child care, school and some state jobs require state and FBI fingerprint checks. There is no ban-the-box, credit check or salary history law for private employers.
The federal steps (stand-alone disclosure, written authorization, pre-adverse and adverse action notices) apply to every Wyoming hire that uses a screening company and are covered in the FCRA background check process. This page covers what Wyoming law adds, with each statute linked to the Legislature's published titles. The wider state picture is on hiring employees in Wyoming.
Not legal advice. This summarizes the Wyoming Statutes and agency pages linked below as published as of October 2026. Confirm the current text and get advice from a Wyoming employment lawyer before relying on it for a specific hire.
Does Wyoming add anything to the federal FCRA?
No. We found no Wyoming statute that adds disclosure, consent or copy requirements for consumer reports, and no state lookback limit; the labor title has no screening rules of this kind. What Wyoming law controls is its own criminal history file. Under W.S. 7-19-106(a), criminal justice agencies may disseminate criminal history record information "only to" a list of recipients made up of criminal justice agencies, the Department of Family Services, the Department of Health, named licensing boards and a few other public bodies, plus the record subject. Private employers reach it only through the person, as the next sections explain.
How far back can a Wyoming background check go?
Wyoming has no limit of its own, so the FCRA governs screening companies: arrests and other non-conviction items older than seven years may not be reported for jobs paying under $75,000 a year, and convictions have no time limit (15 U.S.C. § 1681c). Expungement and deferral, below, are what remove records from the DCI's files.
How do you get a Wyoming criminal record?
Through a voluntary record information check. Under W.S. 7-19-106(k), the DCI may release a record, or confirm that none exists, if:
- "The applicant submits proof satisfactory to the division that the individual whose record is being checked consents to the release of the information to the applicant";
- the application is made through a Wyoming criminal justice agency authorized to access DCI records, which forwards it; and
- the applicant pays the fees.
Every request from anyone other than a criminal justice agency or the Department of Family Services "shall be accompanied by the record subject's fingerprints" (7-19-106(c)), and the DCI may not even confirm whether a record exists to someone who is not eligible to receive it (7-19-106(d)). A recipient may not pass the record on for any other purpose (7-19-106(j)). The fee is capped at $15 for processing, $10 for volunteer organizations serving youth or victims of family violence, plus up to $5 for fingerprinting by a law enforcement agency (W.S. 7-19-108).
The DCI's background check FAQ says "all non-criminal justice searches for Wyoming criminal history records are based on positive identification through a fingerprint search," that the $15 state fee includes a Western Identification Network check, and that an FBI check, an extra $24, is available only "if allowed by state statute, and approved by the FBI." Checks generally take about two weeks and can take five to six.
What happens to expunged records in Wyoming?
- Arrests and dismissed charges. At least 180 days after the arrest or dismissal, with no charges pending and no conviction or deferral from the same incident, a person may petition, with no filing fee, to expunge records of an arrest, charges or dispositions (W.S. 7-13-1401). The person then "may respond to any inquiry as though the arrest, or charge or charges did not occur, unless otherwise provided by law" (7-13-1401(f)).
- Misdemeanor convictions. Five years after the sentence, probation and any court-ordered program end (one year for status offenses), a person may petition to expunge misdemeanors that did not involve a firearm, for a $100 fee, and only once (W.S. 7-13-1501).
- Certain felony convictions. Ten years after the sentence and probation end, any court program is complete and restitution is paid, a person with no other felony may petition to expunge a nonviolent felony that did not involve a firearm (game and fish offenses aside); violent felonies and a list of other offenses are excluded (W.S. 7-13-1502).
Expungement in Wyoming means classifying the DCI's record so that it "will not be available for dissemination purposes other than to a criminal justice agency" (7-13-1401(j)), and the court seals its file. The conviction statutes do not repeat the arrest statute's "as though it did not occur" clause, so word your question with care: ask about convictions "that have not been expunged." Separately, under W.S. 7-13-301(d), a first offender's discharge and dismissal after probation without adjudication "is not a conviction for any purpose," and only one is allowed.
When can Wyoming employers ask about criminal history?
At any stage, under state law. Wyoming has no ban-the-box law for private employers, and a record is not among the traits protected by the Fair Employment Practices Act. We did not find a Cheyenne or Casper ordinance that limits private employers' questions.
Federal Title VII still applies. On October 28, 2026, the EEOC voted to rescind its 2012 enforcement guidance on arrest and conviction records, effective immediately; its announcement says Title VII "continues to prohibit discrimination based on race or national origin, including employment requirements that are proxies for intentional discrimination." Title VII's disparate impact provision, 42 U.S.C. § 2000e-2(k), is unchanged, and a job-related review using the Green factors from the 1975 Eighth Circuit case Green v. Missouri Pacific Railroad Co. (the nature and gravity of the offense, the time since it, and the nature of the job) remains a sound way to make and document a decision. Questions to keep out of interviews are in illegal interview questions.
Which Wyoming jobs require background checks?
W.S. 7-19-201(a) lists the people who "shall be required to submit to fingerprinting in order to obtain state and national criminal history record information." The ones recruiters meet most often:
- Child care. Employees of substitute care providers certified by the Department of Family Services under W.S. 14-4-101 to 14-4-116. The department's child care background check FAQs say staff, household members, substitutes and volunteers may not be employed or present if the check shows certain convictions or substantiations; fingerprint cards go with form CCL-108 to the department, which submits them to the DCI.
- Schools. Applicants for initial certification by the Professional Teaching Standards Board, and school district employees hired on or after July 1, 1996 who may have access to minors. Districts request the prints and pay for them (W.S. 21-3-111(a)(xxi)).
- State care settings. State institution, Department of Family Services and Department of Health employees who may have access to minors, people with mental illness or developmental disabilities, or the elderly, and department contractors providing specialized home care or respite care to minors. The Department of Health's background screening page also covers Comprehensive and Supports (DD) Waiver providers.
- Licensed professions. Applicants to boards including optometry, physical therapy, mental health professions, psychology, nursing home administrators and speech-language pathology, and medicine or midwifery applicants whose application suggests a conviction.
Fire departments, ambulance services and the military department may also require fingerprints of applicants and volunteers (7-19-201(e)). We found no Wyoming statute requiring private nursing homes or home health agencies to fingerprint staff; check with the Department of Health for program rules that apply to a specific provider.
Can Wyoming employers check credit, salary history or social media?
- Credit. We found no Wyoming statute limiting employment credit checks; the FCRA steps apply. Other states are compared in credit check laws for employers.
- Salary history. Wyoming has no salary history ban; see salary history ban states for candidates elsewhere.
- Social media. We found no Wyoming statute on applicants' social media passwords; the general limits are in social media screening of candidates.
Wyoming background check rules at a glance
| Item | Wyoming rule (as of October 2026) | Source |
|---|---|---|
| State reporting law | None found beyond the federal FCRA; no state lookback limit | Federal FCRA |
| DCI records | Closed; voluntary check with the person's consent and fingerprints, through a Wyoming criminal justice agency; $15 | W.S. 7-19-106(c), (k); 7-19-108 |
| FBI checks | Only where a statute allows; $24 extra | DCI FAQ; W.S. 7-19-201 |
| Expunged arrests | May be answered as though they did not occur | W.S. 7-13-1401(f) |
| Expunged convictions | Misdemeanors after five years, some felonies after ten; withheld from non-criminal justice release | W.S. 7-13-1501, 7-13-1502 |
| First-offender deferral | Not a conviction for any purpose | W.S. 7-13-301(d) |
| Criminal history timing | No state or major-city private-employer rule found | Wyoming Statutes |
| Required checks | Certified child care; school districts and teacher certification; state care settings; listed licensing boards | W.S. 7-19-201(a) |
| Credit, salary history, social media | No state statute found | Federal FCRA |
What should recruiters and staffing agencies do in Wyoming?
- Plan for the fingerprint route. A DCI check needs the candidate's consent and fingerprints and can take weeks, so start it at the offer stage, or use a screening company for court records when the job does not require a state check.
- Reword the conviction question. Ask about convictions that have not been expunged, leave out arrests, and treat a completed first-offender deferral as no conviction.
- Do not pass DCI results along. A recipient may not redisclose a Wyoming record for another purpose, so keep it with the hiring file and out of client emails.
- Check the client's rule for regulated jobs. Child care providers and school districts must fingerprint; confirm who submits the prints before you place someone.
- Keep records out of interview notes. If you record or transcribe interviews, check Wyoming's recording consent rules, which carry high civil damages.
- Write it down. A background check policy that names the checks by role also helps defend negligent hiring claims. Agency licensing is covered in staffing agency licensing in Wyoming, work authorization in Wyoming E-Verify requirements, restrictive covenants in Wyoming non-compete law, and candidates in neighboring states in Colorado and Utah background check laws.
Questions people ask
How does a Wyoming employer get a state criminal background check?
Through a voluntary record information check by the Division of Criminal Investigation. Under W.S. 7-19-106, the employer must show that the person consents to the release, the request goes through a Wyoming criminal justice agency, the person's fingerprints are included, and the fee is paid. The DCI's FAQ says the state fee is $15, which includes a Western Identification Network search, and an FBI check is available only where a statute allows it.
Can a Wyoming applicant say no when asked about an expunged arrest?
Yes. Under W.S. 7-13-1401(f), a person whose arrest or charges were expunged may respond to any inquiry as though the arrest or charges did not occur, unless otherwise provided by law. The conviction expungement statutes, W.S. 7-13-1501 and 7-13-1502, do not contain the same clause; they keep the record from being released by the DCI except to criminal justice agencies.
Is a Wyoming first-offender deferral a conviction for employment purposes?
No. Under W.S. 7-13-301(d), a discharge and dismissal after probation without adjudication is without adjudication of guilt and is not a conviction for any purpose. A person may receive only one such discharge, in Wyoming or any other jurisdiction.
Which Wyoming jobs require fingerprint background checks?
W.S. 7-19-201 requires state and national fingerprint checks for employees of child care providers certified by the Department of Family Services, school district employees hired since July 1, 1996 who may have access to minors, applicants for initial teacher certification, state institution and department staff with access to minors, the elderly or people with mental illness or developmental disabilities, and applicants to many licensing boards.