Wisconsin law is strict on expungements. Crimes must be of a specific nature and defendants must meet certain criteria in order to have a conviction expunged from the court records. When a crime is expunged it means that the your name will be removed from the records of your case.
Some felonies are eligible to be expunged if the defendant was under 25 at the time of conviction, has completed the sentence, and served less than six years in prison. These include charges like drug possession or theft. If the felony was violent or if the defendant has a prior record, charges cannot be expunged. A judge must determine eligibility at the time of sentencing and must attest that the defendant will not harm society and that the defendant will benefit from it.
Expungements are not allowed in traffic violations, non-criminal offenses, ordinance violations or forfeiture cases.
The Wisconsin legislature is trying to change expungement law so that expungements can be requested after sentencing. They are also seeking to remove the requirement that defendants be under the age of 25 at the time of arrest. The lawmakers argue that the current laws prohibit people convicted of even low-level offenses from improving their lives after serving their sentences.
In the meantime, working with an aggressive criminal lawyer is your best defense against needing to have your record expunged in the future. The lawyers at Tracey Wood & Associates have a successful track record for having charges dismissed or overturned.
Contact us for a free review of your case and a strategy for fighting the charges against you.