Wisconsin: Adult Convictions (WI-C-1)

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).

Record Detail(s)

Youthful offense

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Hearing

Not applicable

Clearance Process

Automatic

Remedy

Expunge

Ineligible Category or Citation

Offenses not eligible for expungement are listed in Wis. Stat. § 973.015(1m)(a)(3).

Procedure General

The court can order the expungement at the time of sentencing if it determines that the person will benefit and society will not be harmed by the expungement. The burden is on the defendant to request expungement at the time of sentencing. If the person does not request expungement at the time of sentencing, no expungement will be granted. State v. Arberry, 905 N.W.2d 832 (2018). Wis. Stat. § 973.015(1m)(a)(1). For the specific procedure, see Wis. Stat. § 973.015.

Fees

There is no statutory language regarding fees.

Effect

The records expunged by the court are not removed from the state criminal history repository. The conviction is not vacated or set aside. Section 973.015(1m) does not apply to records maintained by the Department of Transportation pursuant to section 343.23(2)(a). Wis. Stat. § 973.015(1m)(a)(1).

Forms

https://www.wicourts.gov/forms1/circuit/ccform.jsp?FormNumber=CR-266

Waiting Periods

The court can order the expungement at the time of sentencing.

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