Bill May Change Expungement Laws

Proposed Wisconsin Expungement Law Changes

2019 MARCH 5. A bill in the hands of the Wisconsin Assembly proposes to change Wisconsin's expungement laws on criminal record.

Propose: Employer Report Mandate Stricken

Under current Wisconsin law, a person whom has successfully received an Expungement of a prior criminal record must report to potential and current employers that 1) they had a criminal record, even though 2) it was expunged. The proposed new law would eliminate the requirement (made by judicial interpretations) that a person must disclose their Expunged criminal record.

Propose: Expungement Without Sentencing Order

Under current Wisconsin laws, a person can only hope to have their criminal record expunged IF and ONLY IF the Court who imposed sentencing also ordered the possibility of Expungement at the time of sentencing. The new law proposes to allow a person to seek Expungement even if the sentencing Court had not previously ordered it. The new law proposes to restrict the number of petitions for Expungement to two.

Propose: Expungement without age restriction

Current Wisconsin law restricts Expungement to people who were 25 years old or younger at the time the crime was committed. The proposal would remove the rules that limit Expungement to people younger than the age of 25 years.

Propose: Expungement Of Certain Driving Offenses

Under current Wisconsin laws, if the arrest would require the Wisconsin department of Transportation to record the offense, then the record would be restricted and unable to be Expunged. Current law prohibits Expungement of OWI (Drunken Driving Offenses) of any type, including OWI's given where no drug or alcohol was involved. The proposal would allow Expungement for certain traffic crimes, according to an analysis by the Legislative Reference Bureau.

Propose: If It's To Be Expunged, Remove It

Under current Wisconsin law, if a person request that an Expungement be allowed upon successful completion of their sentence and the Court agrees, the person's record remains public until they complete the sentence and petition the court to have their record removed from public view (CCAP). It isn't clear at this time whether the new bill proposes removing the record, rather than letting it be publicized until the sentence is completed.

Excerpts taken from Wisconsin Law Journal on March 5, 2019.

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 administrating 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 »