Wyo. Code R. 015-0006-3
Effective Date: 03/29/1988 to 07/27/2020
Rule Type: Superceded Rules & Regulations
Reference Number: 015.0006.3.03291988
Section 1. Central Repository. The Division is the central repository for criminal history record information.
(a) For the purpose of maintaining complete and accurate criminal history record information at the central repository, all city, county and state law enforcement agencies, district courts, courts of limited jurisdiction, district/county attorneys, state adult and juvenile correctional agencies shall submit the criminal history record information required under this section for which they are responsible to the division for filing at the earliest times possible following the occurrence of the reportable event. For city, county and state law enforcement agencies submitting the information required in subsection (b) below, the earliest time possible should not exceed seventy-two (72) hours. For all others required to submit information by statute or rule, the earliest time possible should not exceed five (5) working days. Reports shall be submitted on uniform forms approved and/or provided by the division.
(b) All city, county and state law enforcement agencies making arrests for offenses covered by these rules shall furnish the division with information concerning the charges and description of all persons arrested and shall furnish their fingerprints. Each agency shall also notify the division of any decision not to refer an arrest for prosecution. An agency making arrests covered by this subsection may enter into arrangements with other agencies for the purpose of furnishing required information to the division on its behalf. The failure to furnish the required information shall, however, be attributed to the agency initially responsible for submitting the information.
(c) All district/county attorneys shall notify the division of all final disposition information in cases covered by these rules including charges not filed in criminal cases for which the division has a record of an arrest.
(d) All district/county attorneys and clerks of the district courts and courts of limited jurisdiction shall furnish the division with information concerning final dispositions in criminal cases covered by these rules. This information shall include, for each charge:
(i) all judgements of conviction whether based upon verdicts of the court or jury, or pleas of guilty of nolo contendere;
(ii) all judgements of not guilty, discharges and dismissals in the trial courts;
(iii) all court orders filed in the case which reverse or remand a reported conviction or vacate, modify or annul a sentence or conviction;
(iv) all judgements terminating or revoking a sentence or conviction, supervision, or conditional discharge, and any order relating to resentencing after the termination or revocation.
(e) All district/county attorneys shall furnish the information stated in subsections (c) and (d) above without request from the Division.
(f) Clerks of district courts and courts of limited jurisdiction shall furnish the information stated in subsection (d) above upon request from the Division.
(g) The wardens of the State Penitentiary and the Wyoming Women's Center, the superintendents of the Wyoming Boys' School and Wyoming Girls' School, the Executive Director of the Department of Probation and Parole and the Sheriff of each county shall furnish the division with all information concerning the receipt, escape, execution, death, release, pardon, parole, commutation of sentence, granting of executive clemency or discharge of any individual who has been sentenced to the agency's custody for any offense covered by these rules on standard forms approved or provided by the Division. As used in this subsection:
(i) "Receipt" means receiving control or custody of an individual by the Wyoming State Penitentiary (WSP), Wyoming Womens' Center (WWC), Wyoming Boys' School (WBS), and Wyoming Girls' School (WGS).
(ii) "Escape" means unauthorized absence from custody.
(iii) "Execution" means infliction of capital punishment.
(iv) "Death" means loss of life due to natural, self-inflicted or other means while in custody.
(v) "Release" means freed from confinement.
(vi) "Pardon" means released from a penalty of an offense.
(vii) "Parole" means conditional release prior to the end of sentence imposed.
(viii) "Commutation of Sentence" means the changing of prison sentence or other penalty to another less severe.
(ix) "Granting of Executive Clemency" means an act or deed of leniency by the Governor.
(h) Fingerprints shall be submitted to the Division by the Wyoming State Penitentiary and Wyoming Women's Center for all inmates received.
(i) Fingerprints shall be submitted to the Division by the Wyoming Boys' School and Wyoming Girls' School for all juvenile offenders in cases which meet the requirements for fingerprinting of juveniles and retaining those fingerprints under Wyoming Statute Section 14-6-240.
(j) Upon request from the Division, arrest data, fingerprinting, current status, final disposition data, or other related information needed for complete and accurate criminal identification records shall be provided by the institution stated in subsection (g) above.
Section 3. Requirements for Fingerprinting. Following the guidelines set forth in these rules, all individuals arrested for offenses covered by these rules shall be fingerprinted.
(a) Fingerprint cards submitted to the Division for any purpose under these rules are subject to the following guidelines.
(b) All fingerprint cards shall be submitted directly to the Division after completion by a criminal justice agency. All information shall either be typewritten or printed legibly on a fingerprint card. Failure to do so, or failure to follow the requirements stated below, may/will result in the card being returned to the contributing agency.
(c) Card Requirements.
(i) A standard 8x8 black fingerprint card is to be used by law enforcement agencies for the purpose of fingerprinting criminal offenders whose fingerprints will be maintained by the state, and must include the following information:
check caution block if necessary
(ii) For a National Fingerprint Search conducted by the FBI, both black and red fingerprint cards shall be submitted to the division for appropriate processing. The decision for submitting the red FBI fingerprint card will be policy established by each agency. The following information must be included:
(F) date and signature of person taking fingerprints (G) your case number (OCA) (H) FBI number if known (I)
DCI/SID number if known (J) social security number
(K) charge (offense committed) do not use
Wyoming Statute(s) NCIC code(s) - provided complete offense(s) committed. (This is different from the standard black fingerprint card requirement.)
(L) check caution block if necessary (M) provide necessary information on reverse side of fingerprint card
accordingly.
(iii) Standard 8x8 blue fingerprint card is to be used by law enforcement agencies for the purpose of fingerprinting applicants for criminal justice and non-criminal justice purposes and must contain the following information:
(A) name (B) signature of person fingerprinted (C) aliases (D) date of birth (E) citizenship (F) sex, race, height, weight, eyes, hair and place of birth (G) residence of person fingerprinted (H) date and signature of person taking fingerprints (I) your case number (OCA) (K) armed forces number if known (L) social security number (M) miscellaneous number if applicable (N) employer and address (O) reason fingerprinted
(iv) Standard 8x8 green fingerprint card is to be used by law enforcement agencies for the purpose of child identification programs and must have the following information:
(A) name (B) fingerprints submitted by (C) signature of person fingerprinted if possible (D) residence of person fingerprinted (E) person to be notified in case of emergency (F) date and signature of person taking fingerprints (G) date of birth, sex, race, height, weight, eyes, hair and place
of birth
(H) social security number (I) miscellaneous number if applicable (K) photograph on reverse side if possible
Those submitting fingerprint cards shall comply with the following:
(i) Use black printer’s ink.
(ii) Distribute ink evenly on inking slab.
(iii) Wash and dry fingers thoroughly.
(iv) Roll fingers from nail to nail, avoid allowing
fingers to slip.
(v) Be sure the impressions are recorded in correct order and contain the pattern from tip of the finger to below the first joint.
(vi) If an amputation or deformity makes it impossible to print a finger, make a notation to that effect in the proper individual finger block.
(vii) If some physical condition makes it impossible to obtain perfect impressions, submit the best that can be obtained with a memo stapled to the card explaining the circumstances.
(viii) Examine the completed prints to see if they can be classified.
(ix) All fingerprint cards shall be submitted to the Division within 72 hours of printing.
“Unable to Classify (UTC)” means one or more of the stated guidelines for obtaining classifiable fingerprints has not been met.
(A) When fingerprint cards are received which are deemed UTC, the division will notify either the appropriate district or county attorney’s office or the appropriate sheriff’s office. If the Division notifies the sheriff and the individual is in custody, the sheriff shall reprint the individual. If the individual is not in custody, the district or county attorney shall notify the sheriff for re-fingerprinting at a time when the individual is available, i.e., at sentencing, etc. The sheriff will then submit the fingerprint card to the Division.
(B) When applicant fingerprint cards are deemed unclassifiable for non-criminal justice purposes in which a fee has been charged:
(I) the fingerprint card will be returned to the contributing agency;
(II) re-fingerprinting will be conducted at no additional fee to said applicant.
(f) Division Handling Of Fingerprint Cards.
(i) All fingerprint cards received will be
prioritized and processed as follows:
(A) criminal arrests fingerprint cards (B) criminal justice applicant fingerprint cards (C) non-criminal justice applicant fingerprint cards
(ii) All fingerprint cards returned by the Federal
Bureau of Investigation deemed unclassifiable will continue to be returned to the Division at which time they will be forwarded to the appropriate contributing agency.
Section 4. Case Management Tracking System.
(a) After fingerprint workup is completed, determining any prior criminal arrest(s) maintained by the Division appropriate form(s) will be sent by the Division in order to receive prompt, complete and accurate final disposition information of offense(s) committed. (b) After the appropriate form(s) have been received by District/County Attorney and if no information concerning the record subject is received within 90 days, the forms shall be returned to the Division indicating the status and/or disposition of the case.