A criminal record can follow you long after you’ve served your sentence. It can affect your job prospects, housing applications, and professional opportunities. In Wisconsin, expungement offers a legal path to seal certain criminal records from public view. Our expungement attorney helps Milwaukee residents understand their expungement options and move through the process with informed legal guidance.
Why Choose Hart Powell for Your Expungement Case
When you’re dealing with a criminal record, it helps to work with an expungement attorney familiar with Wisconsin law and the expungement process. Hart Powell has decades of criminal defense experience. The team includes experienced legal professionals such as Michael F. Hart and Craig Powell, along with Geoffrey Misfeldt and Daniel Sanders, who bring backgrounds in appellate and federal prosecution work.
This combined experience allows the firm to approach expungement matters from both procedural and strategic perspectives. The firm handles a wide range of criminal cases and applies a team approach to client matters. Hart Powell’s case results demonstrate the firm’s track record in criminal defense representation. Information about past case experience, attorney recognitions, and client reviews may be available on the firm’s website or profiles, but results and ratings can vary and should not be interpreted as guarantees of future outcomes.
What Is Expungement in Wisconsin?
Expungement is a legal process that seals certain criminal records from public access. When a judge orders a record expunged, the court seals the entire criminal case file, and the public cannot access it without a court order. On the Wisconsin case search site, an expunged case will not appear in a name or case-number search. Understanding how criminal records affect your future is the first step toward relief.
In Wisconsin, expungement is different from a pardon. Expungement affects the court record, while a pardon is an act of forgiveness issued by the governor that does not erase or expunge the court file. Wisconsin law may also allow removal of arrest information from the state criminal history repository in certain situations, such as when charges are dropped or there is no conviction, but this is separate from expungement of a conviction. Expungement of convictions is more limited and depends on specific statutory requirements under Wisconsin Statute 973.015.
When a record is expunged, it is no longer publicly accessible through the court system, though related records may still exist with other agencies, such as the Wisconsin Department of Justice‘s Crime Information Bureau. In many situations, individuals may be permitted to respond differently when asked about prior convictions, but this can depend on the context, the specific application, and whether other background checks still reveal information outside the court system. Hart Powell’s attorneys can explain how this applies to your situation.
Who Is Eligible for Expungement in Wisconsin?
Wisconsin expungement law is restrictive, and not everyone qualifies. General eligibility criteria for most adult criminal expungements under Wisconsin Statute 973.015 include:
- You were under 25 years old at the time of the offense
- The conviction is for a misdemeanor or a qualifying low-level felony with a maximum imprisonment term of 6 years or less
- You complete your entire sentence, including any confinement and supervision
- The sentencing court determines at the time of sentencing that you may benefit from expungement and that it would not harm the public
Certain offenses are not eligible, including some violent offenses, many sex offenses, traffic forfeitures, and operating while intoxicated (OWI) convictions, as well as cases that are not criminal convictions. Prior felony convictions can also limit eligibility for expungement of Class H and I felonies. Understanding which felony charges qualify is essential to your case evaluation.
The age requirement is a key limitation under Wisconsin law. Expungement is typically only available for qualifying offenses committed before age 25, reflecting a policy focus on youthful offenders. If the offense occurred after that age, other options, such as a pardon, may be worth considering. Understanding criminal defense options in Wisconsin is essential when evaluating your situation.
Offense classification also matters. Misdemeanors and certain lower-level felonies (with a maximum term of six years or less) may qualify, while more serious felonies cannot be expunged. Whether a particular conviction is eligible requires a close review of the statute, the charging offense, and the sentencing order. Hart Powell’s criminal defense attorneys can evaluate your specific circumstances and determine your eligibility.
The Expungement Process in Milwaukee
In Wisconsin, expungement eligibility is generally determined at the time of sentencing rather than through a separate, later petition in most adult cases under the main expungement statute. A judge must decide at sentencing whether the defendant will be eligible for expungement upon successful completion of the sentence. Once you successfully complete your sentence, a certificate of discharge is typically sent to the clerk of court, and the court then clears or seals the case if expungement was ordered. This process is distinct from other criminal record relief options available in Wisconsin.
When a judge grants expungement at sentencing, you must first verify that you completed all sentence conditions. You then ensure the proper documentation reaches the court to expunge the record. Some circumstances, such as certain juvenile matters or cases with only a fine or restitution, may require additional forms. These cases may also require a separate request to the court. Hart Powell’s attorneys can help you navigate these procedural requirements.
Timelines can vary depending on court procedures, how quickly discharge paperwork is processed, and the specific county’s practices. Some matters are resolved relatively quickly, while others take longer if there are questions about eligibility or sentence completion. Hart Powell assists with evaluating eligibility, confirming whether expungement was ordered at sentencing, and guiding clients through the steps needed to have the court record sealed when possible. The firm can also help clients consider alternative options, such as pardon or other relief, when expungement is not available.
Benefits of Expunging Your Criminal Record
Expungement can reduce some of the barriers associated with a publicly accessible criminal court record. When a case is expunged, it no longer appears in public court searches, so most employers and landlords will not see that conviction when they review those court records. This may improve access to employment and housing in situations where court-based background checks are used. Many clients seek expungement relief specifically for these employment and housing benefits.
Professional licensing boards and educational institutions may treat an expunged conviction differently than an active public court record, although other background sources, such as state criminal history repositories, may still contain information. As a result, expungement can help in some contexts but does not remove every possible consequence of a conviction. The National Association of Criminal Defense Lawyers (NACDL) provides resources on criminal record relief options.
Expungement can also provide greater privacy by limiting who can access court records related to the conviction and in what situations. However, it does not reverse or set aside the conviction itself and does not automatically remove records held by law enforcement, the Department of Justice, or other agencies. For guidance on your specific situation, contact Hart Powell at (414) 271-9595.
Frequently Asked Questions
Can I expunge a felony conviction in Wisconsin?
In some cases, yes. Wisconsin law allows expungement of certain lower-level felonies, generally those with a maximum imprisonment term of six years or less, if all statutory eligibility requirements are met and the judge ordered expungement eligibility at sentencing. More serious felonies and offenses excluded by statute are not eligible for expungement. If a conviction does not qualify, a pardon or other relief may be another option to explore. Hart Powell’s criminal defense attorneys can review your options and explain alternative strategies.
How long does the expungement process take?
Timing varies. When expungement has been ordered at sentencing, the process usually depends on when you successfully complete your sentence and when the discharge documentation reaches the court so the clerk can expunge the record. Administrative timelines differ by county and by how quickly agencies process and transmit paperwork. The Wisconsin State Bar provides additional resources on criminal procedure timelines.
What crimes cannot be expunged in Wisconsin?
The main Wisconsin expungement statute excludes more serious felonies, including many violent and sex offenses. It also excludes traffic forfeitures and OWI convictions. Eligibility further depends on the offense classification, your age at the time of the offense, and the judge’s decision at sentencing. For a detailed analysis of your case, consult Hart Powell’s criminal defense attorneys. Understanding Wisconsin felony charges and their expungement eligibility remains critical.
Will expungement restore my gun rights?
Expungement affects court records but does not automatically restore firearm rights. Federal and state firearm disability laws can still apply based on the underlying conviction, and expungement does not function as a pardon or reversal of the conviction. Questions about firearm rights should be discussed with an attorney familiar with both Wisconsin and federal law. Hart Powell can provide guidance on this complex issue.
What is the difference between expungement and a pardon?
Expungement generally removes or seals court records from public access, while a pardon is an act of forgiveness granted by the governor that may restore certain civil rights in some situations. A person whose record is expunged has not been pardoned, and expungement does not reverse or vacate the conviction itself. Pardon and expungement serve different purposes and are available under different rules and procedures. The Wisconsin Governor’s Office handles pardon applications.
How much does expungement cost?
Costs can vary depending on the specifics of your case, whether expungement was ordered at sentencing, the work required to confirm eligibility and completion of sentence conditions, and any legal assistance involved. Hart Powell can discuss potential fees and available options during a consultation. Contact the firm at (414) 271-9595 to schedule your expungement consultation.
Contact Hart Powell for Your Expungement Consultation
If you have questions about expungement or want to understand your options, Hart Powell offers consultations to review your situation and explain potential next steps under Wisconsin law. Call (414) 271-9595 or contact us online to schedule a consultation. You can also contact the firm to learn more about its Milwaukee office and available services.