(a) As used in these rules: - (i) "Central Repository" means the Division.
- (ii) "Conviction Data" includes records indicating criminal justice transactions related to an offense that have resulted in a conviction, guilty plea or a plea of nolo contendere of an individual;
- (iii) "Criminal history record information" means information, records and data compiled by criminal justice agencies on individuals for the purpose of identifying criminal offenders consisting of identifiable descriptions of the offenders and notations or a summary of arrests, detentions, indictments, information, pre-trial proceedings, nature and dispositions of criminal charges, sentencing, rehabilitation, incarceration, correctional supervision and release. Criminal history record information is limited to information recorded as the result of the initiation of criminal proceedings. It does not include intelligence data, analytical prosecutorial files, investigative reports and files or statistical records and reports in which individual identities are not ascertainable;
- (iv) "Criminal justice agency" means any agency or institution of state or local government other than the office of the public defender which performs as part of its principal function, activities relating to:
- (A) the apprehension, investigation, prosecution, adjudication, incarceration, supervision or rehabilitation of criminal offenders;
- (B) the collection, maintenance, storage, dissemination or use of criminal history record information;
- (v) "Division" means the Wyoming Division of Criminal Investigation within the Office of the Attorney General;
- (vi) "Disposition" means information disclosing that criminal proceedings have been concluded, including information disclosing that the police have elected not to refer a matter to a prosecutor or that a prosecutor has elected not to commence criminal proceedings. "Disposition" also includes disclosing the nature of the termination in the proceedings; or information disclosing that proceedings have been indefinitely postponed and also disclosing the reason for such postponement. Dispositions shall include, but not limited to, acquittal, acquittal by reason of insanity, acquittal by reason of mental incompetence, case continued without finding, charge dismissed for any reason, charge still pending due to insanity, charge still pending due to mental incompetence, guilty plea, nolle prosequi, no paper, nolo contendere plea, convicted, youthful offender determination, deceased, deferred disposition, dismissed--civil action, found insane, found mentally incompetent, pardoned, probation before conviction, sentence commuted, adjudication withheld, mistrial--defendant discharged, executive clemency, placed on probation, paroled, or released from correctional supervision.
- (vii) "High misdemeanor" means a misdemeanor for which the penalty authorized by law exceeds the jurisdiction of municipal and justice of the peace courts;
- (viii) "Interstate system" means all agreements, arrangements and systems for the interstate transmission and exchange of criminal history record information. The term does not include record keeping systems in the state maintained or controlled by any state or local agency, or group of agencies, even if the agencies receive or have received information through, or otherwise participate or have participated in, systems for the interstate exchange of criminal history record information;
- (ix) "Juvenile" means child under the age of majority.
- (x) "Law enforcement agencies" means sheriff offices, municipal police forces, the Wyoming State Highway Patrol and the Division.
- (xi) "NCIC codes" means National Crime Information Center codes. These codes, utilized in the cross-reference, are in addition to those provided by the FBI and were created to allow detailed offense information rather than only free text entries. A distinct code has been assigned to each Wyoming criminal statute. These codes will have no meaning outside the State of Wyoming and should not be utilized in any way outside of the State. If it should become necessary to give an NCIC code number to the FBI or to some other state, utilize the first two numbers of the code followed by 99 and then specify the exact offense. The 99 designation indicates a "free text" of the general offense category established by the first two numbers.
- (xii) "Nonconviction data" means arrest information in cases in which:
- (A) There has been an acquittal, dismissal or annullment of verdict or plea;
- (B) An interval of one (1) year has elapsed from the date of arrest and no active prosecution of the charge is pending;
- (C) A law enforcement agency has elected not to refer a matter to a prosecutor;
- (D) A prosecutor has elected not to commence criminal proceedings; or
- (E) The proceedings have been indefinitely postponed.
- (xiii) "Reportable offense" or "Offense covered by these rules" means all offense in the Wyoming State Statutes for which the Division of Criminal Investigations is obtaining and collecting arrest and criminal disposition information. These
are listed in the Disposition Reference Guide which is made available by the Division to any criminal justice agency. Reportable offenses include:
ALL FELONIES - An offense for which the penalty is imprisonment for more than one (1) year, and/or a fine greater than $1,000.
ALL HIGH MISDEMEANORS - A misdemeanor for which the penalty authorized by law exceeds the jurisdiction of municipal and justice of the peace courts.
THE FOLLOWING OTHER MISDEMEANORS - Violations of 6-2-310(c); 6-2-501(c); 6-2-501(d); 6-3-201(b)(i); 6-2-302(c); 6-3-303(b); 6-3-402(c)(iii); 6-3-403(a)(iii); 6-3-404(a)(iii); 6-3-404(b)(iii); 6-3-406(a)(iii); 6-3-407(a)(iii); 6-3-408(a)(ii); 6-3-408(c)(ii); 6-3-408(c)(ii); 6-3-409; 6-3-503(a)(i); 6-3-607(b)(iii); 6-3-608(a); 6-3-702(b)(i); 6-3-802(b)(i); 6-4-101; 6-4-201; 6-4-402(e); 6-4-403(h); 6-5202(b)(ii); 6-6-209; 6-7-102(a); 6-8-104(a); 31-5-233; and 35-7-1031(c).
- (xiv) "Standard fingerprint card" means fingerprint cards provided by the state or Federal Bureau of Investigation.