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Wisconsin Expungement FAQs

Michael Cohen • January 3, 2023

Many people residing in Wisconsin have criminal records that they want to ultimately seal or expunge so the records do not cause problems when the same people are applying for jobs, government benefits, or certain other items. Any person who needs assistance clearing their name following an arrest for a criminal offense will want to be working with an attorney experienced in expungement cases.

 

Many people are confused about the effects of expungement and how the process will affect them, so this page is designed to answer many of the most commonly asked questions about expungement in Wisconsin. It is important to begin by noting that an expungement will seal a court record file, but it does not restore the rights that people lose because of felony convictions.


Who is Eligible for Expungement?

Expungement is available only for certain types of convictions and juvenile adjudications, usually relating to three situations. An applicant must:

1.     have been a victim of human trafficking who committed a commercial sex act,

2.     received adjudication as a juvenile delinquent and reached 17 years of age,

3.     or was convicted of a criminal offense after July 1, 2009, the conviction was for a misdemeanor or nonviolent felony, they were under 25 years of age at sentencing, and they successfully completed their sentence.


When Can a Person Apply for Expungement?

In Wisconsin, a person must ask for expungement when they are sentenced. Any conviction record ordered to be expunged cannot be removed from the Wisconsin criminal history repository because the conviction disqualifies that arrest for removal. If a person is sentenced for a crime and does not request expungement, they cannot ask for it later.


Will Nobody See A Record After It Is Expunged?

Not necessarily. An expunged criminal record does not completely disappear from all legal departments, as the Wisconsin Department of Justice Crime Information Bureau (CIB) will retain a record of all misdemeanor and felony arrests and convictions in the state. An employer who runs their background check through the CIB will thus still be able to see expunged records.


Can I Expunge My Record of an Arrest When There Were No Criminal Charges?

Expungement only applies to convictions. When a person is arrested and found to be not

guilty, charges are dismissed, or no charges are filed, they can qualify for removal of the arrest information on their record.


Call Cohen Law Offices Today

Are you hoping to expunge your criminal record in Wisconsin following a recent arrest? You need to understand that expungement is never automatic, and you will want to retain legal counsel for help getting the most favorable outcome by working with Cohen Law Offices.

 

Our firm has decades of experience handling all kinds of expungement matters in Wisconsin criminal cases, so we know the most effective ways to help people get judges sign off on expungements to help clear criminal records. Call (715) 514-5051 or contact us online to schedule a free consultation.

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