Wyoming ban-the-box law: no statute, expunged arrests and what still applies

Wyoming has no ban-the-box law for private employers, the state or local governments, as of October 2026. The Legislature's bill lists for the 2025 and 2026 sessions include no bill on when employers may ask about criminal history, and the Wyoming Fair Employment Practices Act does not list a criminal record among its protected traits. We found no ordinance in Cheyenne or Casper either. So the question's timing is set by federal law and the employer's own policy, while two Wyoming rules shape the answers: a person whose arrest was expunged may answer as though it never happened, and a first-offender discharge "is not a conviction for any purpose."

Does Wyoming have a ban-the-box law?

No. Our Wyoming background check guide and Wyoming hiring checklist found no statute, and the official sources agree:

• The fair employment statute. W.S. 27-9-105 makes it unlawful to refuse to hire a qualified person "because of age, sex, race, creed, color, national origin, ancestry or pregnancy," or a qualified disabled person. Criminal history is not on the list. The act's definition of employer in 27-9-102 reaches the state, its political subdivisions and school districts, and "every other person employing two (2) or more employees within the state."
• The bill lists. The Legislature's lists for the 2025 and 2026 sessions include bills on restoration of rights, post-conviction DNA testing and criminal history checks for the chiropractic board, but none on when employers may ask about criminal history.

What about state and local government jobs in Wyoming?

We found no statute and no governor's executive order limiting when Wyoming's state agencies, counties or cities ask about criminal history. Many government jobs in Wyoming come with a mandatory check instead: W.S. 7-19-201 requires state and national fingerprint checks for child care workers at certified providers, school district employees who may have access to minors, initial teacher certification, and state institution staff with access to minors, the elderly or people with mental illness or developmental disabilities, as the background check guide sets out. Those rules decide whether a check happens, not when a question is asked. If you recruit for a public client, ask for its written policy.

How should a Wyoming application ask about records?

Wyoming has no rule on when to ask, but three statutes in Title 7 change what a truthful answer looks like:

• Expunged arrests and charges. W.S. 7-13-1401(f): "A person who has received an order of expungement under this section may respond to any inquiry as though the arrest, or charge or charges did not occur, unless otherwise provided by law." A person may petition for this at least 180 days after an arrest or dismissal, with no charges pending.
• First-offender deferrals. W.S. 7-13-301(d): "Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for any purpose." A person gets only one such discharge.
• Expunged convictions. W.S. 7-13-1501 (misdemeanors) and 7-13-1502 (certain nonviolent felonies) let a court expunge some convictions after waiting periods. They do not contain the "respond to any inquiry" clause, but they keep the record from being released except to criminal justice agencies, so a voluntary state check will not show it.

So "Have you ever been arrested?" on a Wyoming application invites answers that lawfully leave out expunged arrests, and "Have you been convicted?" should not catch a first-offender discharge. Ask about convictions only, and ask late.

Where do Wyoming employers get records?

The state repository is closed. Under W.S. 7-19-106, the Division of Criminal Investigation releases a record to an employer only through a voluntary record check made with the person's consent and fingerprints, routed through a Wyoming criminal justice agency, as the background check guide explains with the fee. Because the state check needs the candidate's cooperation, it falls late in most processes by nature; court and screening company searches do not, which is why the timing is a policy choice.

What Wyoming does not require

Because there is no fair chance statute, Wyoming law adds none of the steps that a state like California attaches to a criminal history decision. There is no state individualized assessment, no state preliminary notice and no state waiting period before a final decision. That does not leave a decision unregulated. The FCRA notices apply to any screening company report, and a documented, job-related reason is what an employer will need if the decision is ever challenged under Title VII. For a Wyoming desk, the practical answer is to borrow the process the federal rules point to: decide late, decide against the duties of the job, and write the reason down.

Questions to settle with a Wyoming client at intake

• Is the client private, a state agency, a city or county, or a federal contractor filling a contract-related job?
• Does W.S. 7-19-201 or another law require a fingerprint check for this role, and when must it be done?
• Will the person work in Wyoming, or in Colorado or another state with its own law?
• Does the application ask about arrests, or only convictions, and does it exclude expunged records and first-offender discharges?
• Who orders the check, who weighs a record against the job, and who sends the FCRA notices?

What federal rules apply in Wyoming?

• Title VII. Employers with 15 or more employees are covered (42 U.S.C. 2000e). Record-based exclusions that fall more heavily on a protected group can be challenged under the disparate impact provision, 42 U.S.C. 2000e-2(k); courts decide those claims.
• EEOC guidance rescinded. The EEOC voted on October 28, 2026 to rescind its 2012 arrest and conviction records guidance. Title VII still prohibits race and national origin discrimination, including requirements that are proxies for it. A job-related review using the Green factors from the 1975 Eighth Circuit case (the nature and gravity of the offense, the time since it and the nature of the job) is still the safe practice.
• Fair Chance Act. Federal contractors may not request criminal history for positions related to the contract before a conditional offer, with exceptions (41 U.S.C. 4714); federal agencies follow 5 CFR part 920.
• FCRA. Disclosure and written authorization before a screening company's report, then a pre-adverse action notice with a copy of the report (FTC guide).

What should recruiters and staffing agencies do in Wyoming?

1. Get the client's policy in writing. With no state rule, it sets when criminal history is considered and who weighs it against the job.
2. Fix the question. Ask about convictions, not arrests; exclude expunged records and first-offender discharges.
3. Check where the job is. Cheyenne sits close to the Colorado line. A job located in Colorado can fall under its Chance to Compete Act, which bars criminal history questions on initial applications for all private employers.
4. Plan placements around required checks. Child care, school and some state roles need fingerprint checks under W.S. 7-19-201 before or soon after the start.
5. Keep records out of your notes. See what not to write in interview notes.
6. Send FCRA notices every time. See the FCRA background check process.

Script for a candidate who mentions a deferred case: "Thanks, but I don't screen on criminal history and I won't note it. If the employer asks later, Wyoming law treats a first-offender discharge as not a conviction, so check your court paperwork to see which one you have."

Wyoming ban-the-box rules at a glance

For states that regulate timing, see ban-the-box laws and interview questions; neighbors Montana, South Dakota and Nebraska have their own pages. Other Wyoming rules for the same hire: E-Verify, staffing agency licensing and recording interviews.