OWI arrests throughout Wisconsin often increase dramatically over the holiday season. People celebrate the holidays at gatherings where alcohol is served. Accordingly, police departments increase enforcement efforts during the holiday season to deter and catch drunk drivers. Christmas and New Year’s Eve are among the days when there is the highest number of OWI arrests.
If you have been convicted of certain traffic offenses, you may lose your right to drive for a certain period of time. There are various terms that the law uses for the loss of your ability to drive. The two most common terms are revocation and suspension of your driver’s license. Although these terms are largely the same, there are some key differences of which you should be made aware by your attorney. While you do not have full driving privileges, you will be punished far more seriously when you are caught driving with a revoked license.
The rules about removing arrest records in Wisconsin can be complex. You have every interest in having a clean record. Arrests and convictions can show up on a background check, and they can harm your ability to move on with your life. If expungement or removal is an option for you, it is something that you should certainly pursue. First, you need to understand the state’s laws and how to get the information removed.
People who have been convicted of a crime could face consequences years into the future. So long as the crime remains on your record, others will be able to view it with a simple background check. When you are trying to find a job or a place to live, a background check could complicate things for you. Currently, Wisconsin is in the process of changing its laws to make expunging criminal records easier, in line with a national trend of criminal justice reform. However, the current laws are more restrictive. Nonetheless, it is possible to remove some convictions from your record.
When you are applying for a job or up for a background check, one of your bigger worries is that people will find your criminal records. Such a discovery could make them take back a job offer or keep them from giving you a place to live. Even after your sentence is completed, you may be living with the effects of a conviction for the rest of your life. In fact, anyone with the knowledge (or who is obligated) can access much of your criminal record (including potential partners and friends) and leaves you vulnerable to the other effects of criminal charges. Mistakes that you make can follow you in life for a long time.
Criminal justice reform has a long way to go in Wisconsin. Along with being one of the most difficult states to get an expungement of your criminal record, the state has many other laws on the books that are very unfavorable to defendants. One is a law that automatically charges every 17-year-old who has been arrested as an adult, practically ensuring that they will begin their life with a criminal record that could be very hard to clear. While Wisconsin allows for expungement of criminal records when the defendant was under 25 when the crime was committed, this policy does not cover all crimes. This law seems more unfair and out of place in the current time. Therefore, efforts are underway to change this.
Although momentum seems to be on the side of criminal justice reform and allowing for broader abilities to expunge criminal records, the Wisconsin Court of Appeals did not exactly see it this way in a recent case. The court would not allow expungement of a defendant’s criminal record when he was discharged from probation. In order to be fully eligible for possible expungement, defendants need to complete their sentence in full, no matter the circumstances. To ensure your best chances of expunging your criminal record, make sure to hire a criminal defense attorney as soon as possible.
Many people associate stiff drug possession penalties with illegal narcotics such as heroin and cocaine. However, the law defines illegal possession of drugs differently. For the most part, Wisconsin law groups drugs into categories for purposes of illegal possession. Some types of prescription drugs can fall into buckets where illegal possession can merit serious jail time. Either way, you need to take drug possession charges seriously from the very first minute.
In some cases, the best legal outcome in your case means that you enter into a deal with the prosecutor for lesser charges or a reduced sentence. For some defendants, it is the best way to put the matter behind them and move on with their life. It’s important to understand that in some cases, a plea bargain may still result in a criminal conviction on your record. One of your major considerations going forward is how the plea deal will impact your future. With that in mind, a frequent question we are asked is whether a plea deal will stay on your record.
While Wisconsin has some limits on how employers can use criminal records in making hiring decisions, there are still many ways that it could affect your ability to get a job. The state tries to protect people with a criminal history, enabling them to get a fresh start in life. However, there are limits to what an employer is required to ignore when they run a background check. This could impact how your criminal case proceeds.