Post Conviction

remedies, motions & relief

what are post-conviction remedies?

Post-conviction remedies are legal processes through which a person who has been convicted of a criminal offense may seek relief from the conviction or sentence.

Post conviction remedies include post-conviction motions to the trial court, appeals to the Court of Appeals, and petitions to the Supreme Court for review of a decision from the Court of Appeals.

Wisconsin law provides an "automatic right to appeal."

trial court post-conviction motions

Prior to filing an appeal with the Wisconsin Court of Appeals, a convicted person must first seek relief from the trial court, and only after the trial court imposes sentencing.

Motions for post-conviction relief often involve a request to modify the sentence imposed by the trial court judge, a motion for a new trial, or a motion to consider new evidence not previously available during the trial.

trial court post-conviction relief time frame

Generally speaking, a motion for post-conviction relief must be filed within 20 days of the date of sentencing. In certain situations, post-conviction relief may be sought for other periods of time.

appeal to Wisconsin court of appeals

If the motion to the trial court for post-conviction relief fails, the next step is to file an appeal to the Wisconsin Court of Appeals. An appeal to the Wisconsin Court of Appeals must be filed within 20 days of the date of sentencing.

appeal to wisconsin supreme court

If the motion to the Wisconsin Court of Appeals fails, the next step is to file a petition for review to the Wisconsin State Supreme Court within 30 days of the Court of Appeals' decision.

when to contact an appellate attorney

If you believe that your criminal case will result in a conviction, if you have already been convicted, or if you have already been sentenced and believe your sentence is unduly harsh, please consider contacting an experienced criminal appeals attorney.

Your appellate attorney can appeal matters during the trial, and more immediately represent you in a post-conviction action if the attorney is hired and brought into the case as soon as possible. The greatest error made by most convicted person is contacting an attorney too late when so much more could be done if the attorney had been contacted at the first signs of a need for an appeal.

wisconsin criminal appeals attorneys

Wisconsin's rules of conduct for attorneys prohibit them from claiming a specialty in any particular area of law. However, you and I both know that experience makes experts, and those who lack extensive experience in a particular area of law may also (and likely will) lack the extensive experience that complex litigation at the Appellate and Supreme Court level require. It is always in a person's best interest to hire the best attorney for the job at hand.

Appellate attorneys differ in many ways from criminal defense lawyers, drunk driving lawyers or attorneys who practice in other areas of law. If you need an attorney experienced in filing and arguing appeals to the Wisconsin State Court of Appeals (for Wisconsin state criminal cases) or United States District Court of Appeals (for federal criminal cases), please refer to Wisconsin Criminal Appeals Attorneys.


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.


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?


Wisconsin Law Books DUI Defense, 8th Edition

Employment, Jobs & Careers

Wisconsin Job Resources


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 ?