Wyoming Background Check Laws

WY Employer Compliance Guide

Employers in Wyoming must navigate a landscape of federal and state regulations to conduct compliant background checks.

Content updated

Ban-the-Box: NoneApplies to: N/A

Wyoming background check laws at a glance

Does Wyoming have a ban-the-box law?
No statewide ban-the-box law. Wyoming employers follow federal FCRA and EEOC guidance, plus any local ordinance.
Can employers ask about salary history?
No statewide salary history ban in Wyoming. Local rules may still apply.
How far back can a background check go?
Wyoming does not impose state-specific reporting limitations on criminal records beyond those set forth by the federal FCRA. The FCRA generally prohibits reporting non-conviction records (arrests not leading to conviction) that are more than seven years old, and civil suits, civil judgments, paid tax liens, accounts placed for collection, and most other adverse information that predates the report by more than seven years. Bankruptcies can be reported for 10 years. There are no time limits for reporting criminal convictions, regardless of the FCRA's general 7-year rule for other adverse information, for positions with an annual salary of $75,000 or more, or for certain other types of information.
Governing statutes
Wyoming Fair Employment Practices Act (Wyo. Stat. Ann. § 27-9-101 et seq.); Wyoming Criminal History Record Information Act (Wyo. Stat. Ann. § 7-19-101 et seq.); Wyoming Expungement of Criminal Records (Wyo. Stat. Ann. § 7-13-1501 et seq.)

Complying with background check laws in Wyoming is crucial for employers to avoid legal penalties and ensure fair hiring practices. While Wyoming does not have extensive state-specific background check legislation, employers must still adhere to federal laws like the Fair Credit Reporting Act (FCRA) and consider best practices to prevent discrimination. Understanding the nuances of these regulations, including how they interact with federal guidelines, is essential. This guide provides a comprehensive overview of Wyoming's background check requirements, helping employers establish legally sound and equitable screening processes. Failure to comply can lead to significant legal challenges, including lawsuits, fines, and reputational damage. Therefore, a thorough understanding of both federal and any applicable state-specific rules is paramount for any employer operating in Wyoming.

Ban-the-Box Laws

Wyoming does not have a statewide ban-the-box law that restricts when employers can ask about an applicant's criminal history.

State FCRA Variations

Wyoming law does not significantly differ from or add to the federal FCRA regarding consumer reports for employment purposes. Employers must primarily adhere to the FCRA's requirements for disclosure, authorization, adverse action procedures, and permissible purpose when conducting background checks that involve consumer reporting agencies.

Reporting Limitations

Wyoming does not impose state-specific reporting limitations on criminal records beyond those set forth by the federal FCRA. The FCRA generally prohibits reporting non-conviction records (arrests not leading to conviction) that are more than seven years old, and civil suits, civil judgments, paid tax liens, accounts placed for collection, and most other adverse information that predates the report by more than seven years. Bankruptcies can be reported for 10 years. There are no time limits for reporting criminal convictions, regardless of the FCRA's general 7-year rule for other adverse information, for positions with an annual salary of $75,000 or more, or for certain other types of information.

Expungement & Record Sealing

In Wyoming, records that have been expunged or sealed are generally not available to the public and should not be reported by background check providers. Employers should treat such records as if they never occurred. While Wyoming law provides for the expungement of certain criminal records, particularly for juveniles and some adult misdemeanor offenses, employers should not consider any information that has been legally expunged when making hiring decisions. Wyo. Stat. Ann. § 7-13-1501 et seq. outlines procedures for expungement.

Key Screening Rules

Adhere to Federal FCRA Requirements

Individualized Assessment for Criminal Records

Do Not Consider Expunged or Sealed Records

Compliance with Industry-Specific Regulations

Maintain Confidentiality of Background Check Information

Frequently Asked Questions: Wyoming

Does Wyoming have a ban-the-box law?

No, Wyoming does not have a statewide ban-the-box law. Employers are generally permitted to inquire about an applicant's criminal history at any stage of the hiring process, subject to federal anti-discrimination laws.


Are there any salary history bans in Wyoming?

No, Wyoming does not have a statewide law prohibiting employers from asking about an applicant's salary history.


How does the FCRA apply to Wyoming employers?

The federal FCRA applies to all Wyoming employers who use third-party consumer reporting agencies for background checks. Employers must provide proper disclosure, obtain written consent, and follow adverse action procedures before denying employment based on background check results.


Can I consider expunged criminal records in Wyoming?

No, employers should not consider criminal records that have been legally expunged or sealed under Wyoming law. Such records are generally not publicly available and should not be used in employment decisions.


Are there specific background check requirements for certain industries in Wyoming?

Yes, certain industries, such as healthcare, childcare, and positions involving vulnerable populations, may have additional state or federal background check requirements beyond general employment screening. Employers in these sectors must ensure compliance with those specific regulations.


What if an applicant has a criminal record, but Wyoming doesn't have ban-the-box?

Even without a ban-the-box law, employers should follow EEOC guidance. This means conducting an individualized assessment, considering the job's duties, the nature of the offense, and the time since the conviction, to avoid potential disparate impact discrimination claims under federal law.

Key Statutes

Wyoming Fair Employment Practices Act (Wyo. Stat. Ann. § 27-9-101 et seq.)

— Prohibits discrimination in employment based on race, creed, color, sex, national origin, ancestry, or age. While not directly a background check law, it underpins the need for non-discriminatory screening practices.

Wyoming Criminal History Record Information Act (Wyo. Stat. Ann. § 7-19-101 et seq.)

— Governs the collection, storage, and dissemination of criminal history record information within the state. It outlines who can access such records and for what purposes, which can impact employer access to certain data.

Wyoming Expungement of Criminal Records (Wyo. Stat. Ann. § 7-13-1501 et seq.)

— Details the process and effects of expunging criminal records in Wyoming, making such records unavailable to the public and, by extension, to employers for consideration.


This guide is for educational purposes and does not constitute legal advice.

Sources for this Wyoming guide

Statutes change. Confirm the current text on the issuing agency's own site before relying on it for a hiring decision.

Wyoming primary authority

Federal authority

Legal disclaimer. This Wyoming guide is general information about employment screening law, not legal advice, and it does not create an attorney–client relationship. State and local requirements change, often apply only to certain employers or job types, and can be preempted or supplemented by local ordinances. DatabaseRecords is a records-research and investigative firm, not a law firm. Consult qualified employment counsel in Wyoming before adopting or changing a screening policy.

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