Limitations to expungement
Expungement is not a right; it is a request made to a Wiscosnin Court asking the court to erase a previous conviction after it was adjudicated, and the court determined guilt.
felony limitations
Under Wisconsin law, an offense classified as a Felony cannot be expunged from a criminal record. The conviction MUST have been for a Misdemeanor.
juvenile court limitations
Wisconsin law does not require that the person was originally convicted by a juvenile court (rather than an adult court). At the same time, having been tried in a juvenile court is no assurance that the criminal conviction will be expunged.
age limitation
Wisconsin law requires that a person was under the age of 21 years at the time that the crime was committed, however, there are exceptions.
no harm to society
The court must find that the Expunction will not harm society. This bar is not usually an issue.
benefit convicted person
The court must also find the Expungement will benefit the person receiving it. This can usually be shown by the gainful employment that may be possible if the criminal record did not show a conviction for a crime.
court ordered expungement
Often times, a Wisconsin Court will order an Expungement at the time that it orders the sentence so that the record can more easily be expunged upon successful completion of the sentence. Every court will require successful completion of its orders.
jurisdiction
Although there may be exceptions, the Expungement must be ordered by the court that originally tried the case, and if possible by the judge who originally presided over the case.
original jurisdiction
Another factor that can be taken into consideration during a petition for Expungement is a question of jurisdiction. An attorney will need to discuss this matter with you during the process of pursuing the Expungement.
Wisconsin Misdemeanor Conviction Expungement Attorney
Wisconsin Expungement Attorney Chad Lanning has helped many people clear their slates, clean their records and start anew. He may be able to help you do the same for your criminal conviction in Wisconsin.
If you believe that your Wisconsin criminal record should be expunged, or if the court ordered an expungement of your record upon completion of your sentence, please contact Lanning Law Offices to discuss your case. |
