How Does Expungement Work in Wisconsin?

Expungement in Wisconsin allows certain criminal court records to be sealed after a person successfully completes their sentence. However, eligibility is limited, and the court generally must approve expungement at sentencing rather than after the sentence is completed.

Eisenberg Law Offices, S.C. has decades of experience representing individuals facing criminal charges in Wisconsin. Our criminal defense attorneys can explain expungement eligibility, help clients address the issue during sentencing, and evaluate their legal options when a conviction remains on their record.

The Short Answer: Wisconsin Requires You to Request Expungement at Sentencing

Under Wis. Stat. § 973.015, a judge generally must decide whether to grant conditional expungement at the time of sentencing. The record is then expunged after the defendant successfully completes the sentence.

This timing requirement is important. A person generally cannot finish their sentence and later ask the court to grant expungement if it was not ordered at sentencing.

The Wisconsin Supreme Court confirmed this rule in State v. Matasek. 

Who’s Eligible: Age, Offense Type, and Sentence Requirements

Wisconsin law limits adult criminal expungement to certain eligible offenses. 

Under § 973.015, the general requirements include:

• Age: The person must have been under 25 at the time of the offense.
• Offense: The crime must carry a maximum imprisonment term of six years or less, with additional restrictions on certain felonies.
• Court approval: The judge must determine that expungement would benefit the person without harming society.
• Sentence completion: The defendant must successfully complete the sentence.

For probation, successful completion generally means satisfying all conditions, avoiding a new conviction, and not having probation revoked.

Certain offenses are excluded, and special statutory rules apply in limited circumstances.

What Expungement Actually Seals (and What It Doesn’t)

Expungement seals the court record of an eligible criminal case and removes it from public access through Wisconsin’s online court records system. However, expungement does not erase every record of the offense. 

Important limitations include:

• Court records are sealed from public access.
• Law enforcement and other government records may still exist.
• Expungement does not automatically restore firearm rights.
• Certain background checks or legal proceedings may still involve information about the offense.

Expungement can reduce the public visibility of a conviction, but it does not necessarily eliminate every consequence associated with the criminal case.

The Difference Between Adult and Juvenile Expungement in Wisconsin

Adult and juvenile expungement follow different rules in Wisconsin. Adult expungement generally requires the judge to approve it at sentencing, with the record sealed after successful completion of the sentence. Under Wis. Stat. § 938.355(4m), a person adjudicated delinquent as a juvenile may petition for expungement upon reaching age 17.

The juvenile court generally considers whether:

• The person satisfactorily completed the conditions of the dispositional order.
• Expungement would benefit the individual.
• Expungement would not harm society.

Unlike adult criminal expungement, juvenile expungement generally involves a petition filed after the adjudication rather than a decision made at sentencing. 

What to Do if You Weren’t Granted Expungement at Sentencing

If expungement was not granted at sentencing, Wisconsin law generally does not allow a defendant to return to court years later simply to request it.

However, the available options depend on the circumstances of the case. Important steps include:

• Review the sentencing record: Determine whether the judge granted, denied, or failed to address expungement.
• Confirm eligibility: Review the offense, age requirements, and applicable statutory restrictions.
• Examine possible legal remedies: An attorney can evaluate whether any procedural or appellate options remain available.
• Consider other forms of relief: Depending on the circumstances, a pardon or other legal remedy may be available, although these are different from expungement.

Eisenberg Law Offices S.C. is a trusted criminal defense law firm in Madison, WI, dedicated to fighting for your deserved compensation. Our experienced attorneys will negotiate with insurance companies on your behalf and ensure your rights are protected. Contact us today for a free consultation.

We proudly serve Dane County, Jefferson County, Sauk County, Rock County, Columbia County, and their surrounding areas.

Eisenberg Law Offices, S.C. – Madison
121 S. Pinckney St. Suite 400, Madison, WI 53703
(608) 256-8356

Our firm is located near you. We have an office in Madison, WI