Limitations to expungement
Unless provided by statutory law, an Expungement is not a right; it is a respectful request made to a Wisconsin Court asking the court to erase a previous conviction after it was adjudicated, and the court determined guilt. Judges seek justice and the truth the first time around, but an Expungement literally asks the Court to reverse itself.
Wisconsin law has changed with regard to Expungements. Certain Felony offenses may be Expunged. Please refer to Wisconsin Expungement Laws.
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.
Wisconsin law requires that a person was under the age of 25 years at the time that the crime was committed.
no harm to society
The court must find that the Expunction will not harm society.
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.
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.
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.