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Wisconsin Expungement of Criminal Record
Expunction, expungement, expungment, pardons

 

Permanent public records exist that outline the details of your criminal case. These records are maintained by the police agency who initiated the investigation, the State Attorney's Office, the Clerk of Court, the Department of Corrections, and the Federal Bureau of Investigation. "Rap-sheets" are also available that make the information about your arrest quite accessible. These are public records that can be easily accessed free of charge. Often employers credit agencies and licensing authorities check such records for purposes of employment.

An expungement or expunction as it is called in Wisconsin results in the sealing of these criminal records and physical destruction of any records maintained by the Court and the prosecutor and law enforcement agencies such as:

  • The arresting agency
  • The booking agency
  • The Department of Corrections
  • The Division of Public Safety*

The term sealing refers to arrests, charges and the conviction. Additionally, the conviction may not be used in any subsequent court proceedings. Often an expungement is helpful when seeking employment or promotion in certain fields such as law enforcement, military, executive positions, bank and other fiduciary positions.

  • The court
  • The arresting agency
  • The booking agency
  • The Department of Corrections
  • The Division of Public Safety

The Court may expunge a record for a misdemeanor conviction after the completion of any any sentence or probationary period if it determines that:

  • The person was under 21 at the time the offense was committed (not at the time of the plea);

  • The person will benefit is some way from the expungement (usual benefits include employment opportunities or appointments); and

  • Society will not be harmed.

Additionally a person seeking an expungement must not have been convicted of any subsequent offense or violated any term of probation.

An expungement is most often available for drug offenses. With the aid of counsel, drug offenders may often receive a deferred prosecution. That means that the defendant will admit guilt but the Court will not pass judgment until a probationary period of time has passed. If after thee probationary period the defendant has complied with all terms and conditions of probation (eg. remaining law abiding, attending treatment etc..) the case is dismissed. A dismissal means there is no conviction for the crime. In such cases a defendant may still wish to expunge the record to erase the record of the arrest.

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