expungement process
An Expungement process greatly depends upon the original order of the court. If the court provided in its order that the record could be Expunged upon satisfactory completion of the entire sentence, the process differs from convictions in which the court did not order an Expungement. Even in cases in which the court includes Expungement provisions in its order, an Expungement is dependant upon several factors. An Expungement is not a right.
ordered by a court
If a court provides in its order that a criminal conviction may be Expunged, then a person who was previously convicted may ask that the criminal record be Expunged if:
- The original crime occurred when the convicted person was under the age of 25 years, and
- The convicted person completed the entire sentence as ordered by the Court, and
- The person has not been convicted of any subsequent criminal offense, and
- No other criminal charge is pending, and
- The Expungement will not harm society, and
- The Expungement will benefit the person requesting it.
"May be expunged" is an operative phrase for Expungements.
Petitioning the Court - Court Form
Prior to submitting the form to the Court of original jurisdiction, a person should speak with a criminal defense attorney who handles Expungements and Criminal Appeals.
Conviction vs. Charges
It is the conviction that matters, not the original charge. For example, a minor person may have been charged with a felony offense, but then subsequently convicted of a misdemeanor offense. It is the conviction of the misdemeanor that is under question for the Expungement.
not ordered by a court
An Expungement that was not previously ordered by the court may still be obtained in a narrowly defined area of law. If the criminal act for which the person was convicted occurred during the time that the convicted person was a minor, and the resulting conviction was equal to or less than a misdemeanor, the convicted person can ask the court for Expungement of his or her record so long as no other factors exist to prevent an Expungement under Wisconsin law.
The request for Expungement must be made to the court of original jurisdiction, and must be presented to the DA (district attorney) for agreement prior to petitioning the court.
wisconsin expungement attorney
Even in cases in which the court includes in its orders that Expungement should follow successful completion of the sentence, it is in your best interest to contact an Expungement Attorney and employ the attorney's services in processing the Expungement. It is wise to keep in mind that an Expungement includes negotiations with a district attorney - people whom criminal defense lawyers work with all the time and who are seldom ready to listen to non-lawyers. As well, if anything goes awry during the application process, you may not get another chance at the Expungement.
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