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4 THINGS TO KNOW ABOUT EXPUNGING AN ADULT CRIMINAL RECORD

Admin • April 26, 2017
Man Back With Handcuff — Eau Claire, WI — Cohen Law Offices
If you have a felony or another charge on your criminal record, and you're considering having it expunged. Here are some things to know about the process.

If you have a felony or extensive adult criminal record, then you already know how difficult some daily tasks can be. For example, you may have a felony that is hindering you from getting a job in your field or causing issues with another aspect of your life. For this reason, you may consider having your record expunged. Here are some things you should know about this process.

1. CIRCUMSTANCES MATTER

The first thing you have to know is that the circumstances surrounding your criminal record matter. You can't just go in and pay a fee, file the paperwork, appear in court and have everything expunged or sealed. You must meet certain requirements before the courts will consider expunging or sealing the record.

Some of these include the age you were at the time of the conviction. If you were under the age of 25, you may be able to have the record of that conviction expunged. If you were arrested and not convicted — meaning the charges were dropped — then you may be able to have those expunged as well. You should consult with a lawyer about whether or not you will be able to meet these requirements.

2. DISCLOSING YOUR RECORD

There is a misconception that if you have the criminal record successfully expunged, you don't have to disclose the criminal history to a potential employer. This is a grey area that depends greatly on what exactly was expunged, if you were convicted of the crime and if you served time for that crime. The disclosure procedures are outlined in the Wisconsin Legislature Statutes.

If you were arrested and not convicted of the crime, the charges were dropped and you served no time for that crime, then you may be excused from disclosing it if the arrest was expunged. If you did serve time for the crime, then you will need to disclose that you did have a felony conviction, but you can state that the conviction was expunged by the courts. Your potential employer may ask, at that time, for proof of the expunged record.

3. REVERSAL OF THE CHARGES VS. EXPUNGEMENT

In some cases, expungement may have been mentioned to you when it is a reversal that should be considered instead. If you were arrested but not yet convicted (because you’re still awaiting a trial while out on bond), your charges cannot be expunged. However, a reversal of the charges may apply to your case instead.

A lawyer that has experience with criminal cases, convictions and creating a defense for cases similar to yours could bring about a reversal of the charges, as well as possible restitution, if the charges have affected or could affect your employment now or in the future.

4. BACKGROUND CHECKS

A final thought to consider before moving forward with an expungement process is your background check. There is a misconception that the background check will not pull up any records if you have your criminal record successfully expunged or sealed. The truth is that there are certain points the check may bring up.

For example, you may have an arrest pop up on the background check with no other information related to that arrest. This is due to the fact that the crime itself was expunged, but the arrest was not. What pops up on a background check will greatly depend on what exactly it was you had expunged, why it was expunged and the stipulations the court places on the expungement.

Before you take any steps towards the expunging or sealing of an adult criminal record in Wisconsin you should contact a lawyer at Cohen Law Offices, LLC. We can review your situation and help you move forward with the proper steps. We can also answer any questions you may have and help you with filing related paperwork.
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