A criminal conviction can follow you for years, affecting your job prospects, housing options, and personal relationships. If you’re wondering whether you can clear your record, understanding expunging criminal records in Wisconsin is an important first step. Wisconsin law does allow expungement in certain limited circumstances, and knowing whether you qualify can help you move forward with your life. Hart Powell, S.C. helps Wisconsin residents navigate the expungement process and explore their options for clearing their criminal records.
Why Choose Hart Powell, S.C. for Your Expungement Case
Hart Powell, S.C. has spent over 30 years defending people facing serious criminal charges in Wisconsin. Our team brings significant experience in criminal defense, appellate work, and post-conviction relief.
Managing Partner Michael F. Hart is recognized as a Wisconsin Super Lawyer. He was named to Best Lawyers in America. Partner Craig Powell has achieved multiple appellate victories. He maintains a perfect 10.0 rating on Avvo.
When you work with Hart Powell, S.C., you get attorneys who understand Wisconsin’s criminal justice system. Our attorneys have a proven track record of helping clients achieve results. We focus on outcomes, not promises. We bring that same dedication to expungement cases. View our case results and client testimonials to see how we’ve helped Wisconsin residents clear their records and move forward.
What Does It Mean to Expunge a Criminal Record?
Expungement means sealing your criminal court records so they are no longer accessible to the public. When a court grants expungement, the case file is sealed and removed from public view. In practical terms, you can legally say you were not arrested or convicted for that offense in most situations.
However, it’s important to understand that expungement does not erase your record entirely. It seals it from public access. This distinction is critical when applying for employment, housing, or other opportunities where background checks are conducted. Understanding the difference between expungement and other post-conviction relief options can help you choose the right strategy for your situation.
Expungement vs. Removal of Arrest Information
Wisconsin law allows two different ways to clear criminal records: expungement and removal of arrest information. Expungement applies to convictions and seals the entire court case file. Removal of arrest information applies to arrests that did not result in a conviction. This process removes the arrest record from public databases maintained by the Wisconsin Department of Justice.
Understanding which option applies to your situation is crucial. An experienced Wisconsin criminal defense attorney can help you determine the best path forward. If you were arrested but not convicted, you may be eligible for arrest record removal rather than expungement, which can be a faster process. This is why consulting with a criminal defense lawyer early in your case is so important.
Wisconsin Expungement Eligibility Requirements
Wisconsin has restrictive expungement laws compared to many other states. The court can only expunge records in three specific circumstances:
Youthful Offenders: If you were under 25 years old at the time of the offense (when the crime was committed) and convicted of a crime carrying a maximum sentence of six years or less, you may qualify for expungement. This is the most common eligibility category. The court must order expungement at the time of sentencing upon successful completion of your sentence. Understanding Wisconsin criminal law and how it applies to your specific situation is essential.
Juvenile Cases: If you were convicted as a juvenile (under 17 years of age) and have satisfied all conditions of your sentence with satisfactory compliance, you may petition for expungement. Many young people don’t realize that juvenile records can be sealed when you turn 18 under Wisconsin law, which can significantly impact their future opportunities. Our juvenile defense attorneys have extensive experience helping young clients navigate these complex cases.
Human Trafficking Victims: Wisconsin law allows victims of human trafficking to petition for expungement of prostitution convictions (under Wis. Stat. § 944.30) if they can demonstrate the conviction resulted from trafficking. The court must expunge the record upon such a showing. If you are a trafficking victim seeking relief, our attorneys can help you understand your rights and options.
Important Limitations: Violent felonies cannot be expunged in Wisconsin, regardless of your age at the time of the offense. Crimes like homicide, sexual assault, and armed robbery are ineligible for expungement. Additionally, you must have completed all conditions of your sentence, including probation, fines, and restitution, before you can petition for expungement.
The Expungement Petition Process in Wisconsin
The expungement process in Wisconsin involves several steps. For youthful offenders, the court must order expungement at the time of sentencing. If the court does not order it then, you cannot pursue it through a later petition under Wisconsin Statute § 973.015(1m).
For juvenile cases and other eligible circumstances, you file a petition with the court that handled your original conviction. The official court form for adult convictions is Form CR-266 (Petition to Expunge Criminal Court Record of Conviction). Your petition must explain why expungement is appropriate. It must also demonstrate that you meet the eligibility requirements. Our post-conviction relief attorneys can help you prepare a compelling petition that addresses the court’s concerns.
Once you file your petition, the court reviews it. The court may schedule a hearing. At the hearing, the judge considers whether you meet the legal requirements. The judge also considers whether expungement serves the interests of justice. Having experienced appellate counsel represent you at this hearing can significantly improve your chances of success.
Judges have discretion in expungement cases. They consider factors like the nature of the crime, your conduct since conviction, and the public interest. Even if you meet the technical eligibility requirements, the judge may deny your petition. This happens if the judge determines expungement is not appropriate. This is why working with an experienced criminal defense firm that understands judicial discretion is critical.
The timeline for expungement varies depending on the court’s schedule and the complexity of your case. Some cases move quickly, while others may take several months. Court schedules, case complexity, and judge availability all affect the timeline. An experienced expungement attorney can help you prepare a strong petition and represent you at any hearing.
How Expungement Affects Your Criminal History
When a court grants expungement, it seals your court records from public access. This means employers, landlords, and the general public cannot access your conviction record through normal channels. However, expungement has important limitations you should understand.
Expungement seals court records but does not necessarily remove your conviction from the Wisconsin Criminal History Repository. Law enforcement agencies maintain this database. Certain employers, particularly government agencies, law enforcement, and positions involving vulnerable populations, may still access sealed records. Additionally, if you are arrested again, prosecutors can use sealed convictions to enhance charges or penalties in the new case.
For most practical purposes, expungement allows you to move forward without the conviction appearing on background checks. This applies to employment, housing, and other civilian purposes. This can make a significant difference in your ability to find work and rebuild your life after a conviction. Many people ask whether they can get a job with a felony conviction, and expungement is often a key strategy to improve employment prospects. Understanding how criminal records affect employment is essential when planning your post-conviction strategy.
Frequently Asked Questions About Wisconsin Expungement
Can I expunge a felony conviction in Wisconsin?
Yes, you can expunge a felony conviction in Wisconsin if it meets the eligibility requirements. The crime must carry a maximum sentence of six years or less. You must have been under 25 years old at the time of the offense (when the crime was committed). Violent felonies cannot be expunged. An experienced criminal defense attorney can review your specific conviction to determine if it qualifies.
How long does the expungement process take?
The timeline varies depending on the court and the complexity of your case. Some expungement petitions are granted within a few weeks. Others may take several months. Court schedules, whether a hearing is required, and the judge’s workload all affect the timeline. Your criminal defense attorney can give you a more specific estimate based on your local court.
Will expungement remove my record from all databases?
Expungement seals court records from public access. However, it may not remove your conviction from all databases. Law enforcement agencies maintain the Wisconsin Criminal History Repository. This database may still contain sealed convictions. Certain employers and government agencies can access sealed records. For most civilian purposes like employment and housing, expungement effectively removes the conviction from background checks.
Do I need an attorney to file for expungement?
You can file a petition for expungement without an attorney. However, having legal representation significantly improves your chances of success. An experienced expungement attorney knows how to prepare a compelling petition. We present your case effectively and navigate the court system. Judges are more likely to grant expungement when you have professional representation from a Wisconsin criminal defense firm.
What crimes are ineligible for expungement?
Violent felonies cannot be expunged in Wisconsin. These include homicide, sexual assault, armed robbery, and similar serious crimes. Additionally, any crime carrying a maximum sentence of more than six years is ineligible for expungement under the youthful offender provision. Juvenile convictions may be expungeable if the individual was under 17 years of age at the time of conviction. Your attorney can review your specific conviction to determine eligibility.
Can I expunge multiple convictions?
Yes, you can petition to expunge multiple convictions. However, each conviction requires a separate petition. Each must meet the eligibility requirements independently. If you have multiple convictions, an experienced criminal defense attorney can help you prioritize which cases to pursue. We can develop a strategy for clearing your record and moving forward with your life.
Get Help With Your Wisconsin Expungement Case
If you believe you may qualify for expungement, don’t wait to explore your options. Hart Powell, S.C. can review your case and explain your eligibility. We guide you through the petition process and represent you before the court. Contact Hart Powell, S.C. today at (414) 271-9595 to schedule a consultation with an experienced criminal defense attorney. We serve clients throughout Wisconsin and are ready to help you clear your record and move forward.