Expungement of Arrest Records & Criminal History in Wisconsin

Growing and moving on from your past mistakes can be a challenge if those mistakes constantly come back to haunt you. Even with rehab, therapy, and major life changes, your arrest record could have major implications as you seek a job, housing, and other public opportunities.

In the state of Wisconsin, you do not always need to carry the burden with you. You can find some legal paths to help you expunge your arrest records and eliminate them from the system. The process allows you to truly move forward and build a life beyond an arrest from the past.

Follow this guide to learn more about the expungement of arrest records and ways to move forward with the process.

Expungement Overview

Expungement is the complete elimination of your court records associated with a case and conviction. In Wisconsin, a granted expungement means your court records are effectively destroyed, both digitally and in print form. So if you need to complete a background check with the state for employment, then your expunged crimes will not appear on the list.

In some cases, an expungement decision will happen during your initial trial rather than after you served a sentence. A defense lawyer can help you file cases and get the process started as soon as possible.

Typically, in the state of Wisconsin, a lawyer will help file two forms. Forms CR-266 and CR-267 both apply to expunged records and allow a person to expunge their records. A lawyer will ensure the forms get filled out correctly to help avoid any delays or concerns.

Types of Crimes Associated With Expungement

Not just any type of crime can go through the expungement process. If you seek to use forms CR-266 and CR-267, the applicable crimes will typically include misdemeanors that do not include probation or any jail time. Essentially, the smaller crimes will include fines rather than a traditional jail sentence. As long as you pay your fines, you can easily seek expungement.

In other cases, expungement may occur for non-violent crimes that include six years or less in prison. The process becomes more complicated with jail time and should start before sentencing even takes place. A lawyer will know the process to go through so you do not miss your opportunity for expungement.

In the case of violent crimes, you do not have the opportunity to expunge those crimes from a record. Violent crimes may include assault, sexual assault, or crimes that involve minors as victims. A judge will quickly rule against the opportunity for expungement in those cases.

If you have any prior felony convictions, then you cannot seek expungement on your charges, no matter if new charges are misdemeanors or felonies. Someone with a previously clean record has the best chance at expungement.

Expungement & Case Information

When you have your case expunged, the process is not as simple as wiping it off the records. You will find many benefits from the elimination of the record from the Wisconsin Circuit Court Access e-files, but your arrest and conviction could appear in other places.

For example, you could find news articles related to your arrest or possible crime. Even with an expunged case, others could look up the news archives and see the information. In some situations, others could legally find records of your arrest through police reports. You could also find the case and conviction on an online database like the Wisconsin Department of Justice Crime Information Bureau Criminal History Database.

Despite the inclusion of the records, your case details may include notes that the case was expunged. A legal team can ensure the database stays up to date so the crimes do not get held against you

Juvenile Arrest Records

The Wisconsin legal system has policies in place to protect those who are young and make mistakes before their mind is fully developed. For example, if a juvenile has an arrest record, most of the records remained sealed for minors. Along with a seal, Wisconsin has laws and statutes in place to expunge records.

A lawyer can set up paperwork to ensure a juvenile's records become expunged when they turn 17. As the juvenile ventures into adulthood, they have the opportunity to start with a clean slate, obtain their first jobs, build an income, and grow into responsible adults.

Once past the juvenile age, citizens must be under the age of 25 to qualify for expungement according to Wisconsin laws. Young adults do not have to feel held back or limited in job searches or background checks. A lawyer will ensure the process goes through smoothly and that young adults can quickly join society without the burden of a criminal history.

For more information expungement of criminal records, contact us at Cohen Law Offices. Our criminal defense lawyers have years of experience in Wisconsin law and can answer any questions you may have.