A judge may expunge the court records of some of an individual’s felony convictions in Wisconsin. The defendants must meet the eligibility requirements for felony expungement. One requirement is that the defendant has completed all of the terms of their sentence. In addition, the felony offense must be one that is eligible for expungement.
In Wisconsin, expungement does not reverse or set aside the conviction. What it does achieve is removal of all of the court system’s records relating to the conviction. Of course, there are limits on the effects of expungement in Wisconsin. These are explained below. A defendant who is interested in expungement would want to consult a local Wisconsin lawyer to see if their conviction is one that may be expunged.
What Factors Influence Felony Expungement?
One of the main factors that influences expungement is the nature of the conviction that is contained in the record. Some records of criminal offenses are eligible for expungement on the following conditions:
- The court has ordered expungement at the time it sentenced the defendant after they were convicted. Generally, an adult may not petition a court for expungement after they are sentenced.
- When the defendant perpetrated the felony offense, they were under the age of 25.
- The offense of which the defendant was convicted has a maximum sentence of imprisonment for 6 or fewer years.
- Thus, only records of misdemeanor criminal offenses and felonies that are classified as Class H and I in Wisconsin may be expunged.
- The defendant must have completed all the terms of their sentence, e.g., paying any fine, serving time in prison to which they were sentenced, and the like.
- The defendant has not been convicted of any subsequent offense.
The sentencing court determines at the time of sentencing that the defendant is an individual who will benefit from expungement of the court records of their offense and that expungement would not harm society. Because a court makes the decision about expungement of a felony conviction when the court delivers its sentence, a defendant may want to consult with an attorney before they are convicted of a felony criminal offense.
Which Felonies Can Be Expunged?
As noted above, the defendant must have perpetrated the felony offense when they were under the age of 25. The offense of which the defendant was convicted can have a maximum sentence of imprisonment for 6 or fewer years.
Thus, only records of misdemeanor criminal offenses and felonies that are classified as Class H and I in Wisconsin may be expunged. Finally, the defendant must have completed all the terms of their sentence.
What Is the Process for Expunging a Felony?
When a defendant successfully completes their sentence, and jail or prison in which they served their sentence or the authority that supervised their probation forwards a certificate of discharge to the court of record, the process of expungement is automatic. This means that the defendant does not have to submit a petition for expungement to the court or do anything further at all.
If the court accepts that the defendant has successfully completed their sentence, the record is expunged as the court ordered when it pronounced the sentence.
If a Felony Is Expunged, Does That Mean It Is Totally Erased From My Record?
When a judge orders expungement, then all court records relating to the conviction are sealed, destroyed, or in some manner removed entirely from public view. No record of the case, except for its case number, may be accessed in the public database maintained by the court system.
So, the expungement of a court record of a felony conviction makes it possible for an offender to avoid having a conviction considered as a prior conviction when they are sentenced upon conviction of a subsequent offense. It also means that the expunged conviction cannot be used to worsen the punishment for a subsequent felony conviction that an offender might experience.
However, there are important aspects of a felony conviction that expungement does not affect. It does not have any impact on records relating to a conviction that are maintained by entities other than the court.
For example, the federal Department of Justice’s (DOJ) Crime Information Bureau maintains criminal records. Also, the Department of Corrections, law enforcement agencies, and the Department of Transportation maintain criminal records. While court records that have been expunged are not accessible generally, a court may use information from the records maintained by any other agencies for the purposes of criminal sentencing, e.g., to characterize a defendant as a repeat offender.
Additional Information on Background Checks
Any other person conducting a background check or other investigation may have access to these records, as well. Additionally, an expungement does not reverse, set aside, or vacate an order of conviction. A person whose records are expunged has not been pardoned for committing the crime.
If an individual’s conviction of a crime makes them ineligible for obtaining certain licenses or employment, expungement would not affect their eligibility or change it, e.g., by making them eligible when they were not before the expungement. If an individual is not eligible for certain public benefits, then expungement does not make them eligible. Expungement does not make it possible for a felony to legally possess a firearm.
Finally, expungement is available only upon conviction of a crime. A person who is charged with a crime, but not convicted, may not seek expungement of the court records relating to a charge that has not resulted in conviction.
Which Felonies Are Not Eligible for Expungement?
The court records of crimes that are characterized as “civil forfeitures” in Wisconsin, e.g., a first offense drunk driving or violation of a local ordinance, are not eligible for expungement.
As a general rule, expungement in Wisconsin is limited to crimes that are committed by defendants who are under 25 years of age. Expungement is not available for the following crimes in Wisconsin:
- Crimes for which the maximum sentence is life in prison
- Offenses that involve violence
- Weapons offenses
- Sexual offenses
- Domestic abuse crimes.
Courts may not legally order the expungement of the records of certain felony offenses that are classified as Class H or I offenses in Wisconsin. The record of a Class H felony conviction may not be expunged if either of the following is the case:
- The defendant had a prior felony conviction before being convicted of the Class H or Class I felony offense.
- The offense for which expungement is sought involves violence.
- The offense is one of stalking.
- The offense involves the intentional or reckless physical abuse of a child.
- The offense involves a sexual assault by a school staff member or school volunteer who works with children.
A Class I felony may not be expunged if either of the following apply:
- The defendant has a prior felony conviction.
- The offense involves violence.
- The offense is that of concealing the death of a child.
Do I Need an Attorney for Help With Felony Expungement?
If you have been charged with a felony and are concerned about the negative impact it may have on your life, you need to talk to a Wisconsin expungement lawyer before you are convicted of a felony in Wisconsin. That is because a judge decides on whether expungement is possible at the time a defendant is sentenced for a felony conviction in that state.
LegalMatch.com can connect you to a lawyer who can review your case and make sure that you are convicted of a felony that is eligible for expungement and that the court orders expungement at the time of your sentencing. Your lawyer will handle your criminal charge so that the result is the most advantageous for you.
