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[WI] Am I eligible to have my Wisconsin criminal record expunged, and what is the process for doing so?

In Wisconsin, am I eligible to have my criminal record expunged, and what is the process for doing so?

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You can request an expungement in Wisconsin, but eligibility depends on several conditions that are strictly applied. Because your convictions were from 2008 and involve misdemeanors, the biggest question is whether you were under 25 at the time of the offenses and whether the judge granted the option for expungement when you were sentenced. Wisconsin law under Wis. Stat. §973.015 only allows expungement if the person was under 25 when the crime was committed, the offense was not a felony of serious violence or sexual nature, and the court determined at sentencing that expungement would serve justice and not harm society.

If the court did not include expungement in the original sentencing order, you generally cannot ask for it later under the current law. Wisconsin courts have held that a judge must decide at sentencing whether to grant expungement. However, if your conviction qualifies and the judge did approve it, you would need to show that you successfully completed your sentence, paid all fines, and did not commit further crimes. After that, the Department of Justice can seal the record from public access, meaning it will not appear on the Wisconsin Circuit Court Access (CCAP) site.

If the original sentence did not include expungement, another path you can explore is a pardon. The governor has authority to grant pardons for old convictions, which restores your civil rights and allows you to lawfully state you were pardoned. Wisconsin’s Pardon Advisory Board reviews applications for this. You must have completed your sentence at least five years ago, have no pending criminal cases, and show good conduct since your conviction. Information and the application process are available at the Wisconsin Governor’s website.

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In Wisconsin, am I eligible to have my criminal record expunged, and what is the process for doing so?

AI

I understand that dealing with a criminal record can be challenging. Have you previously applied for expungement, or is this your first time?

First time.

AI

What specific charges are on your criminal record that you're looking to have expunged?

Battery, disorderly conduct.

AI

Is there anything else the criminal lawyer should know before I connect you? Rest assured they'll be able to help with your criminal record expungement.

No.

Lawyer, Esquire

I'll be happy to help you out today. Please note that this discussion is for guidance only, does not constitute an Attorney-Client Relationship, and is only to help you understand the nature of your situation from a legal standpoint and discuss options. You must engage an attorney in your local jurisdiction if you wish to take any legal action through an attorney. In addition, there may be a small wait as I review your question to provide a detailed response.

Lawyer, Esquire

Could you tell me more about your specific situation so I can assist you better?

In 2008, I was convicted of 2 misdemeanors.

Lawyer, Esquire

You can request an expungement in Wisconsin, but eligibility depends on several conditions that are strictly applied. Because your convictions were from 2008 and involve misdemeanors, the biggest question is whether you were under 25 at the time of the offenses and whether the judge granted the option for expungement when you were sentenced. Wisconsin law under Wis. Stat. §973.015 only allows expungement if the person was under 25 when the crime was committed, the offense was not a felony of serious violence or sexual nature, and the court determined at sentencing that expungement would serve justice and not harm society.

If the court did not include expungement in the original sentencing order, you generally cannot ask for it later under the current law. Wisconsin courts have held that a judge must decide at sentencing whether to grant expungement. However, if your conviction qualifies and the judge did approve it, you would need to show that you successfully completed your sentence, paid all fines, and did not commit further crimes. After that, the Department of Justice can seal the record from public access, meaning it will not appear on the Wisconsin Circuit Court Access (CCAP) site.

If the original sentence did not include expungement, another path you can explore is a pardon. The governor has authority to grant pardons for old convictions, which restores your civil rights and allows you to lawfully state you were pardoned. Wisconsin’s Pardon Advisory Board reviews applications for this. You must have completed your sentence at least five years ago, have no pending criminal cases, and show good conduct since your conviction. Information and the application process are available at the Wisconsin Governor’s website.

Lawyer, Esquire

I hope I was able to help resolve your issue! If you have any other questions, feel free to ask.

Lawyer, Esquire

Lawyer, Esquire

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