How does expungement work in Wisconsin?
Expungement can be an important opportunity for some people to move forward after a criminal case, but Wisconsin’s expungement law has specific requirements.
Here’s a general overview of how it works:
- Expungement must usually be ordered at sentencing
In Wisconsin, expungement generally has to be requested and granted at the time of sentencing.
If it is not ordered by the judge at sentencing, the court usually cannot go back later and add it. This is one reason why having an attorney who understands the process matters. - Age requirements
A person must have been under age 25 at the time the offense was committed to be eligible. - Eligible offenses
Expungement is only available for certain offenses where the maximum possible imprisonment is 6 years or less. Some felony offenses are also excluded, including certain violent offenses. - The court has to make specific findings
The judge must determine that the person will benefit from expungement and that society will not be harmed by granting it. - Successful completion of the sentence matters
Expungement does not happen immediately. It generally takes effect after successful completion of the sentence.
This can include:
• Successfully completing probation without revocation
• Not being convicted of a new offense
• Serving any imposed jail sentence
• Paying fines, costs, and restitution
• Completing other court-ordered conditions
6. Additional paperwork is still required
Even after the sentence is successfully completed, additional paperwork and follow-through are often necessary to complete the expungement process.
7. Every case is different
Whether expungement is available depends on the specific charge, criminal history, age at the time of the offense, and how the case is resolved.
Because expungement decisions generally must be addressed at sentencing, having informed representation early in the case can make a significant difference.
Freeman & Johnson Law Office has experience handling criminal cases in Wisconsin and helping clients understand their options at every stage of the process.
