EXPUNGEMENT LAWS IN WISCONSIN

Can your criminal record be expunged?

Under Wisconsin Law, if all of the itemized conditions below are met, the Court MAY* order a record to be Expunged upon successful completion of the entire sentence IF** the Court determines the person will benefit from the Expungement and society will not be harmed by the Expungement:

  1. The person seeking the Expungement of their record was twenty-five (25) years of age or younger on the day she or he committed the crime for which the Expungement is sought, AND
  2. The crime has a maximum penalty of no more than six (6) years imprisonment (meaning, the maximum penalty provided in the Wisconsin Statutes states that a person may serve six (6) or less years in prison for a conviction of that crime), AND
  3. Information about the crime and conviction is not maintained by the Department of Transportation (meaning, the crime and conviction do not involve a license with the DOT, such as a Driver's License or a CDL).

* MAY is an operative word here; it means the Court can order an Expungement, BUT the Court is not obligated to do so, even if all of the conditions for an Expungement are met.

** IF is the operative word here; it means the Court need not think the Expungement will be in society's best interests for whatever reason the Court feels is valid.

Upon successful completion of the sentence the detaining or probationary authority shall issue a certificate of discharge which shall be forwarded to the court of record and which shall have the effect of expunging the record. If the person has been imprisoned, the detaining authority shall also forward a copy of the certificate of discharge to the department.

At any time after a person has been convicted, adjudicated delinquent, or found not guilty by reason of mental disease or defect for a violation of s. 944.30, a court may, upon the motion of the person, vacate the conviction, adjudication, or finding, or may order that the record of the violation of s. 944.30 be expunged, if all of the following apply:

  1. The person was a victim of trafficking for the purposes of a commercial sex act, as defined in s. 940.302 (1) (a), under s. 940.302 or 948.051 or under 22 USC 7101 to 7112.
  2. The person committed the violation of s. 944.30 as a result of being a victim of trafficking for the purposes of a commercial sex act.
  3. Official documentation from a federal, state, or local government agency.
  4. Other relevant and probative evidence of sufficient credibility in support of the motion.
    1. The person made the motion with due diligence subject to reasonable concern for the safety of himself or herself, family members, or other victims of trafficking for the purposes of a commercial sex act or subject to other reasons consistent with the safety of persons.
    2. A copy of the motion has been served on the office of the district attorney that prosecuted the case that resulted in the conviction, adjudication, or finding except that failure to serve a copy does not deprive the court of jurisdiction and is not grounds for dismissal of the motion.
    3. The court in which the motion was made notified the appropriate district attorney's office of the motion and has given the district attorney's office an opportunity to respond to the motion.
    4. The court determines that the person will benefit and society will not be harmed by a disposition.

A special disposition under this section is not a basis for a claim under s. 775.05.

What is successful completion of a sentence?

A person has successfully completed the sentence if the person has not been convicted of a subsequent offense and, if on probation, the probation has not been revoked and all conditions of probation have been satisfied.

WISCONSIN EXPUNGEMENT

What Is An Expungement?

Past criminal record stopping you?

When your past criminal record is affecting your life and preventing you from achieving your goals, it is time to take action - it is time to seek an Expungement.

Mandatory Expungements

Mandatory Expungements?

Yes, under Wisconsin law, some Expungements are mandatory, but these conditions MUST be met during sentencing...

Expunge an OWI DUI

Can an OWI DUI be Expunged?

Got an OWI? You will want to talk with a DUI defense attorney. Already convicted of drunk driving? Wondering about Expungement of a DUI conviction?

Expungement Attorney

Do I need an Expungement lawyer?

In some cases, Expungement Attorneys, Criminal Defense Lawyers or OWI DUI Attorneys are needed, while in other cases, an appellate attorney is needed to reopen the case or pursue an appeal of a prior criminal conviction.

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Employers see convictions?

Can a potential employer see your criminal record? What about your fellow workers? Who can read your criminal file?

Juvenile criminal records expunged

Juvenile records sealed?

Are juvenile criminal records automatically sealed when the juvenile turns 18? Does that Expunge them? What if the case is tried in adult court rather than juvenile court?

What Is An Expungement?

Closed? Sealed? Erased? Expunged?

What is erased? See If Expunged. Erasing a criminal record, called 'Expungement' or 'Expunction' results in removing information from public view, such as on CCAP, also called sealing a criminal record. See also Expungement process.

Charges Dismissed

Charges Dismissed!

Expungement or Dismissal? When can you get the charges dismissed?

LAW BOOKS, FORMS & JOBS

Wisconsin Law Books DUI Defense, 8th Edition

Employment, Jobs & Careers

Wisconsin Job Resources

Forms

Wisconsin Expungement Petition

Open Records Laws

Wisconsin Open Records     U.S. Open Records    Criminal Records

Wisconsin Expungement

A few moments of bad choices can result in a lifetime of bad outcomes when a minor mistake results in a permanent devastating mark on a person's public record. That mark, as you are probably more than aware, can prevent you from obtaining a certain job, getting a loan, or getting or even keeping your security clearance. Wisconsin criminal records are open to the public. When that past criminal record is affecting your life and preventing you from achieving your goals, it is time to take action - it is time to seek an Expungement.

Wisconsin Municipal Courts

Wisconsin Municipal Courts typically hear cases involving first-offense OWI DUI, traffic, parking, ordinance violations, juvenile matters, underage drinking, and curfew violations.

Municipal Courts ?

Circuit Courts & CCAP

Wisconsin Circuit Courts are trial courts divided into branches. Most counties have one branch, some share judges. Most criminal cases, 2nd and more serious drunken driving cases and civil suits are heard in Circuit Courts. CCAP is the public access to criminal, civil and other Court records.

Circuit Courts ?

Wisconsin Appellate Courts

Wisconsin Courts of Appeals are intermediate Courts to which cases are appealed. Criminal cases can be appealed by the Defendant or the District Attorney's office. The Appellate Courts are located in Milwaukee, Madison, Waukesha and Wausau.

Appellate Courts ?

Wisconsin Supreme Court

The Wisconsin Supreme Court is the highest Court in the state. The Supreme Court has jurisdiction over appeals from lower Courts and other matters, as well as regulating and adminstrating the practice of law in Wisconsin.

Supreme Court ?

Adult Courts

Adults and some minors' cases are heard in adult courts in the State of Wisconsin.

Adult Courts ?

Juvenile Courts

Juveniles who are tried for criminal offenses have their cases heard in Juvenile Court unless they are waived into adult court.

Juvenile Courts ?