Expungement in the State of Wisconsin

 

If you have been convicted or even just charged of a crime in the state of Wisconsin, you now have a criminal record. This may not seem like a big deal, but you should understand that this information is available to the public. If someone does a background check on you, they will discover this information. Often, this can affect your ability to rent an apartment, get a job, or receive certain kinds of business licenses. There will likely be other candidates who do not have a criminal record and that can give them a leg up over you. Additionally, having a criminal record can sometimes take you out of the running altogether.

 

Luckily, there is a process to correct this situation. The United States federal government allows for a procedure that is called expungement. This means that your criminal record will not be available if someone does a background check or other search. It simply won’t appear.

 

All 50 states have different laws on handling expungement, so it’s important to understand Wisconsin’s laws on the process if you plan to purse this path. In fact, you may want to hire a Wisconsin lawyer to help you with the process.

 

Expungement, or Expunction, in Wisconsin

 

Unlike most states, Wisconsin does not use the term “expungement.” Instead, the term you may hear is expunction, which refers to the physical destruction of court documents. You may also hear people talking about sealing criminal records, which is a related process. Records that are expunged include those from the arresting agency, the prosecutor, the booking agency, the Department of Corrections, and the Division of Public Safety.

 

Only certain types of records are allowed to be destroyed. For example, under some circumstances, a misdemeanor charge may be expunged. You must meet several requirements, such as:

 

• The successful completion of a probationary time period
• Being under 21 years old when the offense was committed
• Society must not be harmed
• You must show benefit for yourself (which can include being granted a license, employment, or housing)
• You can not have committed another offense or violated your probation requirements

 

In some states, expunction is not available for drug-related offenses, but it is in some cases in Wisconsin. If you receive a deferred prosecution, you plead guilty but the court will not pass judgment yet. A time period will pass, in which you must complete all conditions of your probation. The conditions that are set out for your probation can include many things, such as drug treatment, counseling, not breaking any further laws, and not drinking alcohol or using drugs. If you have met these conditions, then the case will be dismissed, and the arrest as well as the probation will be eligible for expunction.

 

As a result, the criminal record will not be able to be viewed by the public and law enforcement agencies. You can legally say that you did not commit a crime, have never been arrested, and never were convicted of a crime.

 

For civil purposes, however, any open record can be accessed if you are being considered for employment, so a background search can still uncover this information. You may end up losing out on an offer of employment as a result.

 

Who Is Eligible for Expunction?

 

Not all crimes or criminals are eligible for expunction under Wisconsin law. It is considered a privilege, and not a right. Generally, misdemeanor offenses are eligible as long as there are “favorable circumstances.” However, felonies are not eligible in most situations.

 

However, the exception is if you have been pardoned for a crime or there was deferred prosecution, then some crimes may be able to be expunged even if they would not normally be.

 

In some states, juvenile records are expunged, but this is not true in Wisconsin. However, your chances of getting the records expunged are high. Whether your case was handled in adult or juvenile court does not mean it will automatically be expunged or will not be eligible. Instead, each case is looked at individually.

 

In order to ensure that you follow the proper procedures and have the best possible chance at having your record expunged, you should hire a Wisconsin lawyer to work with you to get your criminal record expunction or record sealing granted.