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What is Expungement and How Does it Work?
If you have been convicted of certain types of crimes, Wisconsin law allows courts to expunge your criminal records. In most cases, Wisconsin state law usually limits the opportunity of expunging criminal records to criminal convictions involving misdemeanor crimes and felonies committed by defendants of a certain age.
If a Wisconsin court grants the expungement, your criminal history (including electronic and paper files) will be sealed. As a result of the expungement, your name will be removed from the records relating to the criminal case. After expungement, the criminal record can only be unsealed by a court order. Additionally, it is important to note that Wisconsin judges cannot seal criminal records that other state agencies maintain, so in such cases, potential employers, landlords, and educational systems may still have access to your criminal record.
Without seeking an expungement, your future potential for employment, accommodation, and public assistance may be limited because of your criminal history. Because of this, many convicted individuals seek to have their criminal cases expunged, and their criminal records are kept from prying eyes.
Is it Possible for Others to Find Out About Your Criminal Case Even After an Expungement?
Can no one find out about your criminal case if your record has been expunged? Seeking to have your criminal record expunged does not necessarily mean that the record disappears from all legal departments. Under the law, criminal court judges can order the expungement of the records for your criminal case but not those of other legal agencies. For example, the Wisconsin Department of Justice Crime Information Bureau (CIB) keeps records of all felonies and most misdemeanor arrests and convictions in the state. Even those that have been expunged will still have their records kept by the CIB. As a result, potential employers who run background checks through the CIB could potentially unveil expunged records.
What Crimes Can Be Expunged in Wisconsin?
Only certain types of criminal offenses may be expunged. For the most part, expungement relates mostly to misdemeanor offenses. However, certain felonies may be eligible to be expunged in limited circumstances.
If the defendant was under 25 years of age at the time of their felony criminal conviction and has since completed their sentence and served less than six years in prison, they may be eligible for an expungement. Examples of felony charges that may be expunged include theft or possession of drugs. If the defendant had a prior criminal record or the felony offense was violent in nature, their criminal conviction cannot be expunged.
Expungements are also not allowed for traffic violations, ordinance violations, forfeiture cases, and non-criminal offenses. Certain felonies are ineligible for expungement, such as stalking, sexual assault by school personnel, and physical abuse of a child.
If you have received a criminal conviction for a misdemeanor offense, contact our law firm to discuss your criminal case today. Having your criminal conviction expunged may be possible, granting you something like a new lease on life as you are provided with more opportunities for employment, housing, and more.
Who is Eligible for Expungement in Wisconsin?
Wisconsin judges can only expunge Circuit Court records in three circumstances.
Those younger than age 25 at the time of the crime can ask to expunge misdemeanors and certain low-level felonies. A judge must determine whether the expungement will benefit the person and not endanger society.
Juvenile offenders may also seek expungement. Upon turning 17, a juvenile offender can petition the courts to expunge their adjudication records. Judges may expunge a criminal record for a juvenile offender if that juvenile has complied with all the terms of their sentencing and if the expungement would benefit the juvenile while also not risking harm to society.
Trafficking victims charged with prostitution offenses can request that the courts expunge their prostitution convictions or adjudications. To do so, the individual must provide evidence to the court that the violation was the result of them having been a human trafficking victim.
How to Apply for Expungement?
After you are sentenced, you can ask for an expungement of your conviction. At this point, the judge overseeing your case will determine if you are eligible for expungement. If eligible, expungement will occur once you have completed your sentence.
If your criminal conviction does not result in you being sentenced to jail, prison, or probation, you may also ask the court to expunge your record.
It is strongly recommended that you retain professional legal representation from experienced criminal defense attorneys when seeking to expunge your record. Our legal team has years of experience representing clients in complex criminal defense matters, including those seeking to have their records expunged. To learn more about how we may be of legal assistance to you during this difficult time, please contact our law office to schedule your initial consultation today.
How to Seek a Removal of Arrest Information?
Remember, expungement does not necessarily prevent future employers from discovering that you have a criminal conviction on your record. To prevent employers and others from discovering your criminal history, you must seek to have a removal of arrest information.
It is difficult to qualify for removal of arrest information. Individuals may only qualify to have their arrest information removed from the criminal record database in limited circumstances.
These include:
- They were found not guilty by the court
- No charges were ever filed against them
- The prosecutors dropped criminal charges
What Are Recent Changes to the Expungement Law in Wisconsin?
In 2024, Wisconsin’s expungement law expanded, granting new eligibility criteria, streamlined processes, and more opportunities for those with criminal convictions to seek expungements. It is strongly recommended that you retain professional legal counsel from attorneys with experience and knowledge in Wisconsin expungement law. Please contact our law offices for legal assistance.
Contact Us to Schedule an In-Depth Consultation Today
West & Dunn has extensive experience representing clients in criminal defense cases, including those seeking to have their records expunged. Contact our criminal defense lawyers for more information on how to expunge your criminal case and obtain a fresh start as you pursue new employment, housing, education, and other opportunities.
You may reach our Wisconsin law firm at 608-975-3042.
