Navigating the process of expunging a criminal record in Wisconsin can be complex, but understanding the laws and resources available is the first step towards clearing your record.
Understanding Wisconsin Expungement Laws
Expungement in Wisconsin refers to the process of sealing a criminal record from public view. It does not completely destroy the record, but it makes it much less accessible. This can be crucial for employment, housing, and other opportunities.
Eligibility for Expungement
- Age Requirement: For certain offenses, eligibility might be restricted to those who were under 25 years of age at the time of the offense.
- Type of Conviction: Not all crimes are eligible for expungement. Typically, misdemeanors and some felonies under specific conditions can be expunged.
- Successful Completion of Sentence: Applicants must have completed their sentence, including any probation or parole, without incident.
Official Resources
- Expungement of a Criminal Conviction Record: A comprehensive guide provided by the Wisconsin Legislative Council. Access it here.
- Wisconsin Statute 973.015: The legal text detailing expungement eligibility and process. Read the statute.
- Clean Slate Milwaukee: Offers assistance and resources for those seeking expungement in Milwaukee. Visit their site.
Steps to Apply for Expungement in Wisconsin
- Review Eligibility: Ensure you meet the criteria set forth in Wisconsin Statute 973.015.
- Obtain Your Criminal Record: Before applying for expungement, you need to know the details of your record. Wisconsin Department of Justice provides a method to obtain this.
- File a Petition: For most cases, you'll need to file a petition for expungement with the court that handled your case. This often requires completing specific forms and submitting a fee.
- Attend a Hearing: In some cases, you may be required to attend a hearing where a judge will decide on your expungement request.
Additional Resources
- Understanding the Wisconsin New Expungement Law 2024: An article detailing upcoming changes to expungement laws. Learn more.
- Wisconsin - Expungement - Criminal Justice and Employment Initiative: Provides a broad overview of expungement in Wisconsin. Explore here.
Common Questions
- Is there a new expungement law in Wisconsin? Yes, changes are often made to expungement laws. It's crucial to stay updated through reliable sources like O'Flaherty Law.
- What crimes cannot be expunged in Wisconsin? Generally, serious felonies and sexual offenses cannot be expunged, but specific eligibility can be found in the Wisconsin Statutes.
- Can you get a gun if you have been expunged in Wisconsin? Expungement can restore some rights, but gun ownership eligibility depends on various factors, including the nature of the original offense.
Conclusion
Expungement offers a path to clearing your record and moving forward with your life. While the process can seem daunting, Wisconsin provides resources and clear statutes to guide individuals through expungement. By following the steps outlined and utilizing the official resources provided, eligible individuals can navigate the expungement process with greater clarity and confidence.
