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  1. #1

    Default Wyoming 301 Status

    My question involves criminal records for the state of: Wyoming/Colorado

    Ok, i got charged with conspiracy to commit forgery in 07 in wyoming offense happened when i was 17 but charged when i was 18 as an adult..
    After about a year i was offered a what is called a 301 status plea bargain and i accepted it.

    now two years later i have paid off my probation and restitution and am just about completed with everything and no longer have this over my head..

    NOW were i am having problems I was told that when asked i could check that i have never been convicted of a felony, i applied to move a trailer into a trailer park (in colorado) and they did a background check and denied me due to this charge (there reasons being i am a felon they say).

    I have called the Park and the company that did the background check and neither are willing to help me.

    A little info on 301 status
    Wyoming Statute 7-13-301 provides as follows:

    (a) If a person who has not previously been convicted of any felony is charged with or is found guilty of or pleads guilty or no contest to any misdemeanor except any second or subsequent violation of W.S. 31-5-233 or any similar provision of law, or any second or subsequent violation of W.S. 6-2-501 (a) or (b) by a household member as defined by W.S. 35-21-102 against any other household member or any similar provision of law, or any felony except murder, sexual assault in the first or second degree, aggravated assault and battery or arson in the first or second degree, the court may, with the consent of the defendant and the state and without entering a judgment of guilt or conviction, defer further proceeding and place the person on probation for a term not to exceed five (5) years upon terms and conditions set forth by the court. The terms of the probation shall include that he:

    Report to the court not less than twice in each year at times and places fixed in the order;
    Conduct himself in a law-abiding manner
    Not leave the state without the consent of the court;
    Conform his conduct to any other terms of probation the court finds proper; and
    Pay restitution to each victim in accordance with W.S. 7-9-101 and 7-9-103 through 7-9-112

    If the court finds the person has fulfilled the terms of probation and that his rehabilitation has been attained to the satisfaction of the court, the court may at the end of five (5) years, or at any time after the expiration of one (1) year from the date of the original probation, discharge the person and dismiss the proceedings against him.

    If the defendant violates a term or condition of probation at any time before final discharge the court may:

    (i) Enter an adjudication of guilt and conviction and proceed to impose sentence upon the defendant if he previously pled guilt to or was found guilty of the original charge for which probation was granted under this section; or
    (ii) Order that the trial of the original charge proceed if the defendant has not previously pled or been found guilty.

    Discharge and dismissal under this section shall be without adjudication of guilt and is not a conviction for any purpose.

    (e) There shall be only one (1) discharge and dismissal under this section or under any similar section of the probationary statutes of any other jurisdiction.

    In Laramie Municipal Court, First Offender Status is not granted to many people. Even if the prosecution consents to First Offender Treatment the judge makes the final determination on whether or not to grant First Offender Status. This means not only does an individual have to convince the prosecution, but they are also going to have to convince the judge at hearing why they are deserving of receiving this treatment. Another important thing to consider before requesting First Offender Treatment is that an individual in the State of Wyoming and in many other jurisdictions only receives First Offender Treatment once in their lifetime. Therefore, if a Defendant is granted First Offender Treatment in the pending matter they will not be able to receive First Offender Treatment for any other charge, in this Court and/or other Courts, thereafter.

    If the prosecution is willing to consent to First Offender Treatment, a Defendant (or his/her attorney) will need to make arrangements with Laramie Municipal Court to schedule a First Offender hearing. Arraignments for this hearing will need to be scheduled prior to the Scheduling or Motion Hearing. At the First Offender Hearing the Defendant will change their plea to the underlying charge to guilty and move for consideration of First Offender Treatment under Wyoming Statute 7-13-301. It is important for a Defendant to understand that once the judge has accepted their guilty plea and if for any reason the judge decides not to grant First Offender Treatment in their case, they cannot change your mind and withdraw the guilty plea previously entered.

    Pursuant to W.S. 7-13-301 a Defendant placed under First Offender Status must complete probationary terms and conditions. Terms and conditions usually imposed by Laramie Municipal Court, in addition to the required statutory conditions, include but are not limited to, community service in the City of Laramie, obtaining a drug/alcohol evaluation and completing any follow-up treatment recommended, donation to a local charitable organization (usually comparable to the bond amount for the underlying charge), and attending the Victims Impact Panel. The probationary period ordered by the judge usually lasts between 2 and 5 years depending on the Defendantís character, circumstances, and underlying facts of the case.

    First Offender Status is something the Court does not take lightly. There is a lot of work an individual has to put into completing a First Offender and sometimes it is just easier for an individual to plead guilty to the charge and pay the applicable fine. Usually a Defendant who enters a guilty plea or is found guilty will not be sentenced to jail on a first time offense. Defendants who receive First Offender Treatment, however, are strongly cautioned by the judge that if they violate any of the terms of their probation and they are brought back into Court on a Motion for an Order to Show Cause why the Court should not enter the guilty plea, run an extremely high risk of being sentenced to jail.

    My question is can the community not let me in cause i am a felon when according to what i know i am charged but not convicted, and once probation is completed it is dismissed..
    And if they still refuse to let me move can i sue them for treating me like a felon when the law says i am not like discrimination or something i just find this completly wrong that there doing this to me and my family, i understand i did something wrong but i have also been jumping through hoops for years to keep this off my record and it has done no good...

    Also today i had wyoming Department of correction fax a letter stating that i have not been convicted with a felony in the case in question or any other for that matter to the park and the background checking company and still neither are saying that it matters..

    they say they don't accept differed sentences, but how can they bar me using the reason i am a felon when i am technically not a felon?

  2. #2

    Default Re: Wyoming 301 Status

    After looking through the site i realize this may need deleted and reposted but i will leave it here for now sorry for posting in wrong spot.

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