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Wisconsin

Adult Criminal Record Clearance Overview

Adult criminal records for cases in which you were convicted are eligible for expungement in some situations.   

  • With certain exceptions, if you were convicted of an offense punishable by no more than six years in prison that was committed before you were 25, the record can be expunged when you complete your sentence. At your sentencing hearing, the judge will decide whether or not your record will be expunged once you complete your sentence. 
  • If you were convicted of prostitution because you were a victim of human trafficking, the record can be expunged immediately. You have to file a petition with the court to start the process, and it is up to the judge whether or not to grant your petition.

If you were arrested but not charged or if the case ended in your favor, the fingerprint record can be removed from the state database immediately. You have to file a request with the law enforcement agency that arrested you to start the process, and if you meet the criteria, the agency has to remove the record.  

DNA records for arrests where you were not charged, or the case ended without a conviction for a violent crime may be expunged under certain conditions. You have to submit a request to the Wisconsin Department of Justice to start the process, and if you meet the conditions, the Department has to remove the record.  

Likely not eligible for return or expungement.

Likely not eligible for return or expungement.

Adult Criminal Record Clearance Policies

At the time of sentencing, the court can order that the record be expunged upon sentence completion if the maximum sentence for the offense is imprisonment for six years or less and the defendant was under the age of 25 at the time of the offense. Wis. Stat. § 973.015(1m)(a)(1).
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Records relating to a prostitution conviction can be expunged by the court if the conviction was obtained as a result of the petitioner having been a victim of human trafficking for the purposes of a commercial sex act. Wis. Stat. § 973.015(2m).
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DNA records that have been entered into law enforcement data banks under Wis. Stat. § 165.84(7) may be expunged if one of the following conditions is met: 1) the charges for which the person was required to provide the sample have been dismissed; 2) the court has reached final disposition on the charges that produced the sample and the person has not been convicted of any violent crimes as defined by Wis. Stat. § 165.84; 3) at least one year has passed and the person has not yet been charged with a violent crime in connection with the arrest that produced the sample; 4) the person was found guilty of a violent crime and the conviction has since been reversed, set aside, or vacated. Wis. Stat. § 165.77(4)(am)(2).
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Any fingerprint record taken in connection with an arrest that did not result in a charge, or which was cleared through court proceedings, can be removed from law enforcement records upon request. Wis. Stat. § 165.84(1).
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Juvenile Record Clearance Overview

Below is a general overview of when juvenile records can be expunged in Wisconsin. Please note that the Clean Slate Clearinghouse does not provide legal advice.  

Read the legal policies and statutes for detailed statutory information.  

Juvenile Record Clearance Policies Overview   

  • Most juvenile records can be expunged after you turn 17. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request. 
  • If you were adjudicated (found guilty) of prostitution for something that happened because you were a victim of human trafficking, your record can be expunged at any time. You have to submit a request to the court to start the process, and it is up to the judge whether or not to grant your request. 
  • If you were adjudicated (found guilty) of certain crimes involving an invasion of privacy, your record will be automatically expunged if the court finds that you completed your sentence successfully.  

Find a Lawyer  

If you think you might be eligible to have your record expunged, find a lawyer who may be able to help you. Some lawyers might help you for free, although you may still need to pay a fee to file the paperwork in court.   

Court Forms and Resources  

If you cannot find a lawyer to help you, you may be able to file a petition on your own using these court forms and resources. 

Juvenile Record Clearance Policies

A record relating to an adjudication of delinquency can be expunged after the juvenile turns 17, so long as the court has determined that the juvenile has satisfactorily complied with the conditions of his or her dispositional order and that he or she will benefit from, and society will not be harmed by, the expungement. Wis. Stat. § 938.355(4m)(a).
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A record relating to a first adjudication for offenses related to invasion of privacy under Wis. Stat. § 942.08 can be expunged if the court determines that the juvenile has satisfactorily complied with the conditions of the dispositional order. Wis. Stat. § 938.355(4m)(b).
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A record relating to a prostitution adjudication can be expunged if the person was a victim of human trafficking for the purposes of a commercial sex act and if the court determines that the person will benefit and society will not be harmed by the expungement. Wis. Stat. § 973.015(2m).
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Find A Lawyer

Legal service providers located in the state.

Contact information for legal aid organizations, bar associations, and other organizations that engage in record clearance work is provided for informational purposes only. The NRRC does not endorse or recommend any organization or individual referenced on the site. If you are a legal service provider who offers record clearance services, please contact us.

Clean Slate Wisconsin

Service area: Statewide

Legal Action Wisconsin - Racine

Service Area: Kenosha, Racine, and Walworth counties

Legal Action Wisconsin - Oshkosh

Service area: Adams, Fond du Lac, Green Lake, Marquette, Ozaukee, Sheboygan, Washington, Waupaca, Waushara, and Winnebago counties

Legal Action Wisconsin - Madison

Service area: Columbia, Dane, Dodge, Green, Iowa, Jefferson, Lafayette, Rock, and Sauk counties

Legal Action Wisconsin - La Crosse

Service area: Buffalo, Crawford, Grant, Jackson, Juneau, La Crosse, Monroe, Richland, Trempealeau, and Vernon counties

Legal Action Wisconsin - Green Bay

Service area: Brown, Calumet, Door, Kewaunee, Manitowoc, and Outagamie counties

Legal Action Wisconsin - Milwaukee

Service area: Milwaukee and Waukesha counties

Court Forms & Resources

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