A criminal record can follow you for years after a case is closed, showing up on background checks for jobs, housing, and professional licenses. If you were convicted of a crime in Wisconsin, you may be wondering how to clear your record in Wisconsin and whether expungement is an option. The answer depends on several factors, including the type of offense, your age at the time of the crime, and whether the judge ordered expungement at sentencing. The criminal defense attorneys at Hogan Eickhoff help clients throughout Wisconsin understand their options and pursue expungement when eligible.
What Is Expungement Under Wisconsin Law
Expungement is a legal process that allows certain criminal records to be sealed from public view once the terms of a sentence are successfully completed. Under Wis. Stat. § 973.015, a court may order that the record of a conviction be expunged upon successful completion of the sentence, provided the offense and offender meet specific statutory requirements. Once expunged, the case is removed from public court records, which can make it easier to pass background checks for employment, housing applications, and other opportunities.
It is important to understand that expungement does not mean the conviction never happened. Law enforcement agencies and certain government entities may still be able to access expunged records in limited circumstances. However, for most everyday purposes, an expunged record will not appear on standard background checks conducted by employers or landlords.
Age and Offense Requirements Under Wis. Stat. § 973.015
Wisconsin expungement law has strict eligibility limits. Before assuming a case qualifies, it helps to understand the specific requirements courts apply:
- Age at time of offense: The crime generally must have been committed before the defendant turned 25 years old. This age cutoff is one of the most misunderstood parts of the law, and many people assume that any offense committed as a young adult automatically qualifies. That is not the case.
- Offense classification: The offense must fall within certain classifications. Eligible offenses typically include misdemeanors and certain lower-level felonies, specifically those classified as Class H or Class I felonies under Wisconsin law.
- Excluded offenses: Serious violent felonies, sex offenses, and many higher-level felony classifications are not eligible for expungement, regardless of the offender’s age.
- Maximum sentence length: The crime generally must carry a maximum sentence of six years or less to be considered for expungement eligibility.
As you will see below, you need to be aware of these factors before you are sentenced for any criminal offense.
Expungement Must Be Ordered at Sentencing
One of the most critical and frequently overlooked aspects of Wisconsin expungement law is timing. Expungement cannot be requested after a conviction has already been entered and sentencing has concluded. Under Wis. Stat. § 973.015, the judge must order expungement at the time of sentencing, not months or years later.
This means that if expungement is not raised and granted at the sentencing hearing, the opportunity is generally lost for good. There is no separate post-conviction motion process in Wisconsin that allows a judge to retroactively grant expungement for a case where it was not ordered at sentencing. This is why it is so important to raise the issue of expungement eligibility with a defense attorney before sentencing, not after.
Once expungement is ordered at sentencing, the actual sealing of the record does not happen immediately. The defendant must first successfully complete the terms of the sentence, which may include probation, fines, restitution, or other court-ordered conditions. If those terms are completed without violation, the court will then issue an order detailing the case as expunged.
What Happens If Probation or Sentence Terms Are Violated
Successful completion of the sentence is not a formality. If a person violates the terms of their probation or otherwise fails to meet the conditions set by the court, the judge retains the discretion to deny expungement even if it was originally ordered at sentencing. This makes ongoing compliance throughout the sentence just as important as the initial request for expungement.
Expungement vs. Pardon and Clemency: Understanding the Difference
Expungement, pardons, and clemency are often confused, but each works differently under Wisconsin law.
Expungement is handled at the trial court level and must be ordered at sentencing under Wis. Stat. § 973.015. It applies only to a narrow category of offenses, primarily younger defendants convicted of lower-level crimes, and it removes the case from public court records once the sentence is successfully completed.
A pardon is granted by the Governor of Wisconsin and covers a much broader range of convictions, including many felonies that would never qualify for expungement. A pardon does not erase the conviction. Instead, it forgives the offense and can restore rights such as firearm possession or professional licensing eligibility.
Clemency is the broader legal term that includes pardons, along with other forms of relief like commutation of a sentence. While expungement is decided at sentencing by a trial judge, pardons and clemency are granted years later by the Governor, following review by the Wisconsin Board of Pardons, and follow a completely separate application process.
How a Wisconsin Criminal Defense Attorney Can Help
Given that expungement must be requested at sentencing and cannot be added later, having an experienced attorney involved from the earliest stages of a criminal case is essential. A defense attorney familiar with Wisconsin’s expungement statute can evaluate whether a charge qualifies, advocate for expungement during plea negotiations and sentencing, and help ensure that probation or other sentence terms are met so the expungement order can ultimately be carried out.
If you are trying to figure out how to clear my record in Wisconsin, or if you have an upcoming sentencing hearing and want to know whether expungement is on the table, do not wait until it is too late to ask.
Contact Hogan Eickhoff for a Free Consultation
Understanding your rights under Wisconsin’s expungement and pardon laws can make a lasting difference in your future. The team at Hogan Eickhoff offers free consultations to discuss your case and explain your options clearly. Call (920) 450-9800 or contact our office today to schedule your free consultation. Learn more about the ways we can help defend various felonies and misdemeanors including property crimes, sex offenses, drug offenses, domestic violence, and violent crimes.