juvenile court & expungement
Wisconsin law provides that a juvenile who has been found delinquent under the Wisconsin Juvenile Code can petition the court to expunge the court's record of the juvenile's offense upon attaining 17 years of age provided 1) it was the juvenile's first offense, 2) the juvenile has complied with all of the terms of the sentence imposed, 3) the juvenile will benefit from by the expungment, and 4) society will not be harmed by the expungement.
when is a person considered a juvenile?
Under Wisconsin law, a person who is under the age of 17 years is a juvenile, generally speaking. There are however exceptions. If a person who is under 17 admits to committing the acts of a crime before attaining the age of 17 years, it is possible that the case will be tried in "adult" court. In nearly all violent crimes, the prosecution will seek to keep or move a case involving a juvenile into adult court, but may be unable to do so based on very discrete legal technicalities. Original jurisdiction is a matter that your attorney may well argue in juvenile cases.
Is Expungement Automatic For Juvenile Court Cases?
No. The fact of whether a case was tried in juvenile court or adult court does not directly affect whether the resulting criminal conviction can be expunged.
tried in juvenile court
Being tried in juvenile court has advantages, but an automatic Expungement is not one of those advantages. Expungement is not a right, and it is not automatically ordered in juvenile cases.
For information about court ordered Expungement's, see Expungement Process.
In some instances, a person is waived into an adult court or a juvenile court. That fact alone does not affect whether the resulting conviction can be Expunged.
It is always in a young person's best interest to defend themselves against any criminal charge rather than rely on the hope of having a criminal conviction expunged. However, in those instances when the minor could not obtain a criminal defense attorney, or was convicted of a crime committed while a juvenile, then the next step is to seek Expungement after the fact.
If you or someone you care about has been convicted of a criminal offense, please contact the law offices to discuss Expungement.