Attorney General

Criminal Investigation - Criminal Records

Effective Date: 07/27/2020 to Current

Rule Type: Current Rules & Regulations

Reference Number: 015.0006.10.07272020

Chapter 10

Sanctions

Section 1. Authority. The Division of Criminal Investigation, Office of the Attorney General hereby promulgates these rules pursuant to its rulemaking authority found in Wyoming Statute § 7-19-105.

Section 2. Sanctions. Sanctions for violations of these rules or the provisions of the Wyoming Criminal History Records Act shall be applied by the Division. The Division may apply sanctions within its discretion depending upon the seriousness of the violation. The appropriate sanctions for each violation shall be determined upon its own facts with consideration given to:

1. (a) The rule violated;
2. (b) The willfulness of the violation;
3. (c) Previous violations and sanctions by the Division;
4. (d) Action taken to prevent further violations; and
5. (e) Harm which would be done to the goal of effective law enforcement by severe sanctions.

Section 3. Sanction Severity. All sanctions will be predicated on state and federal laws, WCJIN policy, NCIC policy, Federal Bureau of Investigation CJIS Security Policy, and this document. The sanctions may range from letters of warning to prohibited access to criminal history record information and may also include criminal prosecution. All sanctions will be in writing with an explanation of the violation.