Probation Conditions Must Be Satisfied for Expungement in Wisconsin

In Wisconsin, if you are convicted of a crime, you must ask for expungement at the time of your sentencing. If the judge decides that you are eligible for expungement once you have successfully completed your prison sentence or probation, then you may have your record expunged. The key phrase here, as written in Wisconsin statutes, is “satisfied all of the conditions of probation”.

The importance of meeting all the conditions of your probation is highlighted in the case of Wisconsin v. Ozuna. The defendant, Lazaro Ozuna, was 17 years old when he was charged with criminal damage to property and disorderly conduct.

Ozuna pled guilty and was placed on probationary supervision for 12 months, with one of the conditions of probation being to not possess or consume alcohol, illegal drugs, or paraphernalia. The court further determined that Ozuna's conviction was eligible for expungement provided he satisfied the conditions of probation and there was no violation of probation.

When he was discharged from probation, Ozuna’s probation officer submitted the necessary forms, citing that he had successfully completed probation. However, the agent also indicated that "all court ordered conditions have not been met”, noting that Ozuna did not comply with the no alcohol condition.

The circuit court denied expungement, saying he failed to fulfill the obligations of his probation by violating the court’s order that he neither possess nor consume alcohol. The Wisconsin Court of Appeals affirmed this decision, and the Wisconsin Supreme Court affirmed the decision of the Court of Appeals. The Court concluded that the defendant did not meet the statutory requirements for expungement, as he did not satisfy the conditions of his probation.

If you are on probation and a judge determines you are eligible for expungement, make sure you satisfy all the terms of your probation. To learn whether your case may be eligible for expungement in Wisconsin, speak with an experienced criminal defense attorney.