If you are seeking a Wisconsin expungement please review the expungement overview below. Check back often or Sign Up for an email alert when the Wisconsin Expungement Kit is ready.
Requirement(s) to qualify for an expungement in the state:
Wisconsin Statutes allows for expunction of a court's record:
- Of a juvenile's delinquency adjudication if the person has reached age 17 and the court determines that the juvenile has satisfactorily complied with the conditions of his or her dispositional order and that the juvenile will benefit and society will not be harmed by the expunction.
- Of juvenile misdemeanor convictions. The person must have been under the age of 21 at the time of the commission of an offense for which the person has been found guilty in a court for violation of a law for which the maximum penalty is imprisonment for one year or less in the county jail. The court must determine that the juvenile has satisfactorily complied with the conditions of his or her sentence and that the juvenile will benefit and society will not be harmed by the expunction.
- When a person has successfully completed the sentence if the person has not been convicted of a subsequent offense and, if on probation, the probation has not been revoked and the probationer has satisfied the conditions of probation.
Additional restrictions on who can qualify for an expungement
An expungement under Wisconsin Statutes is discretionary with the court unless it is a case involving a first offense by a juvenile or an offense by a person under 18 involving “peeping Tom” laws. Persons completing probation and not convicted of any later offenses may also get records expunged as a matter of law.
Wisconsin Statutes allow records to be expunged automatically as a matter of law when the juvenile is a first-offender and has satisfactorily complied with the conditions of his or her dispositional order. Others eligible for expungement under the statute must have satisfactorily complied with the conditions of his or her dispositional order are subject to the discretion of the court in determining that the juvenile will benefit and society will not be harmed by the expunction.
The Wisconsin Crime Information Bureau also keeps criminal records. The case may still exist in the records of the District Attorney, other law enforcement records, the Department of Transportation and other places. The judge has no authority to require removal of those records
What does it mean if you have a record expunged or sealed? (i.e., can you legally deny the conviction or arrest? Does anyone have access to the sealed/expunged records? Are they destroyed?)
Court records electronically or optically stored, including records stored off-line and on backup media, that are expunged by court order under Wisconsin Statutes are to be expunged by dealing or removing the record, obliterating the index to the record, or otherwise restricting access to the record. When a record is expunged, the record is not destroyed but removed from public access and sealed. The facts underlying the expunged conviction may be used in later sentencing, but the expunged conviction may not be used for impeachment purposes.
Any record of conviction ordered to be expunged by a court cannot be removed from the Wisconsin criminal history repository because the conviction disqualifies that arrest for removal.
Conviction of any offense reported on an arrest fingerprint card prohibits removal of other offenses reported on that arrest card. As the law requires return or removal of the fingerprint card, only in those circumstance where any and all offenses on a fingerprint card resulted in no conviction can the fingerprint card be returned or removed from your record.
Are you eligible for a Wisconsin Expungement? Most crimes can be expunged. For a description of the crimes that cannot be expunged, click here .
Be sure to check the site often
as we are in the process of adding the Expungement
Kit for the State of Wisconsin soon.