“Step out of the history that is holding you back. Step into the new story you are willing to create.”
– Oprah Winfrey
What is Expungement?
Wisconsin offers expungement of conviction records. Expungement seals your court-record file, but it has no effect on your state record file. The court handles expungements.
Who is Eligible for Expungement?
In general, expungement is available only for certain convictions and juvenile adjudications. There are three situations that are eligible for expungement in Wisconsin:
1. The conviction is for a misdemeanor or a first-time nonviolent felony or those with a
maximum sentence of six years.
If the conviction occurred before July 1, 2009, it must have been for a misdemeanor, and you must have been under age 21 at the time.
If the conviction occurred after July 1, 2009, all of the following must be true:
The conviction was for a misdemeanor or nonviolent felony;
You were under the age of 25 at sentencing;
You successfully completed your sentence; and
The court decided to expunge at your sentencing
2. You received adjudication as a juvenile delinquent, and you have reached age 17. The court
will expunge all juvenile records.
3. You were a victim of human trafficking, and you committed a commercial sex act.
If you are uncertain whether you are eligible for expungement, consult with an attorney.
What Effect Does Expungement Have?
Once a Wisconsin court grants an expungement, the court seals both paper and electronic files. Only a court order will unseal the record.
A court has no authority to seal records kept by other state agencies. The record is still available from the Wisconsin Crime Information Bureau's (CIB) Wisconsin Online Record Checks System (WORCS). Schools, employers, landlords, and licensing agencies still have access to your expunged record.
My Record Was Expunged. Does That Mean That No One Will Find Out About My Case?
No. Although your case was expunged and your court record sealed, the judge’s order does not reverse or set aside your conviction. An expungement order only affects whether the conviction is accessible through court records. It does not affect the records kept by other criminal justice agencies.
The Crime Information Bureau (CIB), which is part of the Wisconsin Department of Justice, operates the Wisconsin Criminal History Repository. The repository maintains a record of all convictions regardless of whether the court expunged your record. Anyone can make a request for this information, and employers, schools and licensing agencies often run background checks of applicants this way. For this reason, you may want to consider explaining the circumstances of your case and why the court record of the conviction was expunged.
Additionally, the case may still exist in the records of the district attorney, law enforcement, the Department of Transportation, and other agencies. The judge has no authority to require removal of those agency records. Even if your court record has been expunged, anyone who asks for information about your conviction from another agency may be able to obtain it.
When Can I Apply for Expungement?
Wisconsin law is different than most states on the timing for expungement. In Wisconsin, you must ask for expungement of a conviction when you are sentenced. The judge will decide if you are eligible and "if you will benefit and society will not be harmed" by an expungement. The expungement takes effect only after you have successfully completed your sentence.
How Do I Apply for Expungement?
If the judge decided that you were eligible for expungement when sentenced to jail, prison, or probation, and you have successfully completed that sentence, then expungement should be automatic. Your correctional institution or probation agent will send your certificate of discharge to the court. The court clerk will then enter the expungement. Be sure to check that the court received the certificate of discharge. If it did not, then contact your correctional institution or probation agent and ask for the certificate.
If you were not sentenced to jail, prison, or probation and you had to pay a fine or restitution, you must ask the court to expunge the record. Use Circuit Court Form CR-266 to apply. If you were a juvenile and want to expunge those records, ask the court using Circuit Court Form JD-1780. To access these forms, visit the Wisconsin Court System Website here: Wisconsin Court System Circuit Court Form.
If you have questions about expungement or is need of any legal help contact us today to set up a free consultation. Please contact us by text or phone at (414) 775-7445 or email at laura@jlfwisconsin.com anytime.
*Any articles in the Libra or posted by Jones Law Firm LLC are not legal advice for a particular client or situation. Further no attorney-client relationship is intended or created with this post.*
