How Wisconsin’s Proposed Expungement Law Could Help Those Convicted of Nonviolent Offenses

Are you looking for a fresh start after a nonviolent offense in Wisconsin? Expungement can remove barriers to employment, housing, and education that often follow a criminal conviction. Under current state law, expungement opportunities are relatively limited. However, state legislators have proposed a new law that could open doors for countless Wisconsinites with convictions on their records.

Current Expungement Law in Wisconsin

Wisconsin law allows judges to remove court records related to a person’s conviction if certain conditions apply. This process, known as expungement, does not erase the conviction. It merely removes the records from the court system’s view. This makes the records inaccessible in public databases like the Consolidated Court Automation Programs (CCAP), which is the court system’s public access website.

Currently, you only qualify for expungement if you were under 25 at the time of the offense and the crime’s maximum penalty was no more than six years in prison. This means you are only eligible if you were convicted of a misdemeanor or Class H or I felony at a young age. Additionally, the judge must have decided at sentencing that expunging your record at a later date would benefit you and not harm society. You also must have successfully completed your sentence by fulfilling all jail, parole, or probation requirements without further convictions to qualify.

At present, Wisconsin law does not allow you to request expungement after the court has sentenced you. This limitation means that the decision regarding expungement at the time of sentencing is final. If a judge does not order it at sentencing, you cannot seek expungement later on your own.

Proposed Changes to the Law

Proposed changes to Wisconsin’s expungement law would make it easier for people with criminal records to have their records cleared. The new bill, if passed, would remove the current age limit of 25, which would allow more people to qualify for expungement.

Additionally, the proposed law would let people petition the court for expungement after they have completed their sentences. This is a significant shift from the current law, which only allows expungement to be ordered at the time of sentencing. Under the new rules, if the court initially did not order expungement, a person could still have the opportunity to clear their record by applying later.

The bill also introduces a new restriction. Each person could only receive one expungement per crime and would need to wait two years before being able to file a second petition if their first one was denied. Also, applicants would need to pay a $100 fee for each subsequent petition.

Regrettably, the proposed expungement legislation failed to pass both houses in the 2024 session and is not yet slated to become law. However, it remains a topic of interest and could potentially be reintroduced in the 2025 legislative session.

Contact a Wisconsin Expungement Lawyer

Ready to clear your record and take the next step toward a brighter future? Don’t wait to find out how Wisconsin’s current and potential expungement laws could benefit you. Call Cohen Law Offices today at (715)-514-5051 for a free initial consultation with our experienced expungement attorneys.