Sealing and Expunging Criminal Records in Wisconsin

Wisconsin Courts have the authority to seal or expunge criminal records in the state. According to the Wisconsin Revised Statutes, expunging or sealing a criminal record protects the file from public view by deleting the entire case file or making the document confidential. Although other conditions apply, expungements are only available to individuals who have been convicted of committing crimes.

Note: According to the Wisconsin Public Records Law, members of the public have the right to access public criminal records, including those of landlords and potential employers.

The Difference Between Sealing and Expunging Criminal Records

While record sealing only implies that a criminal or arrest record has been made confidential, expungements completely clear the records from the Wisconsin Circuit Court Access (WCCA) website, along with all references to the defendant. Despite being unavailable to all types of arrests and convictions, an expungement is the more sought-after option because it offers the defendant a clean slate.

It is important to note that expungement orders in Wisconsin only apply to the court system. While the court destroys all references to the case after an expungement order is issued, other government repositories that possess the criminal record are not mandated by law to do the same. Hence, they may have records of already expunged criminal records.

How to Seal a Criminal Record in Wisconsin

Under Chapter 801 of the Wisconsin statutes, an individual may file a motion to seal and restrict access to a record if the document is not protected by state or federal law. Once the motion is filed, the court restricts public access to the file in question until the court rules on the motion. To proceed, the motion to seal must be served on all parties involved in the case. The court determines whether there is reasonable cause to seal the record in accordance with the law. Eventually, the court clerk will be required to mark the document as closed if the court grants the order.

What Crimes Can Be Expunged in Wisconsin

The Wisconsin court may only expunge a conviction record if:

• The crime was the first conviction, and the defendant was under the age of 21 at the time of the conviction
• The defendant was under the age of 25 when the offense was committed
• The crime carried a maximum period of imprisonment of six years or less, according to Chapter 973 of the Wisconsin Statutes.
• The defendant completed the terms of the sentence.
• The individual was convicted of committing a commercial sex act as a victim of human trafficking.

Generally, in Wisconsin, only individuals convicted of a crime are eligible to have their records expunged. State laws permit the expungement of a conviction record when the petitioner has dutifully completed the sentence attached to the conviction, with no pending penalties or charges.

For the court to consider the request, the convicted felon’s probation officer must also agree to the expungement. However, even if the stated criteria are fulfilled, not all criminal conviction records qualify for expungement. The Wisconsin State Expungement Law prioritizes juveniles by mandating that the court automatically expunge juvenile conviction records for first-time offenders. Hence, delinquent juveniles are eligible for expungement, provided they demonstrate exemplary behavior and comply with the terms of their conviction.

Can a Felony Be Expunged in Wisconsin?

Under Wisconsin Statute § 973.015, Class H and Class I nonviolent felonies may be expunged for youthful offenders. Some felony offenses cannot be expunged. These include serious felonies or violent felonies, sexual offenses, and felony convictions with a maximum sentence of more than six years. According to Wisconsin Statute § 304.08, other felonies may be cleared through a gubernatorial pardon. For a conviction to be eligible for expungement, at sentencing, the judge must state that the offense may be expunged upon completing the terms of the sentence.

Conditions under which a felony may be eligible for expungement in Wisconsin are:

• The offender was below 25 years when they committed the crime
• The maximum sentence for the offense is six years or less
• The judge ordered expungement as part of the original sentence
• The offender has completed the terms of their sentence
• The individual does not have any previous convictions

To initiate the expungement process, the offender must obtain a certificate of discharge from the corrections facility. This is sent to the clerk of the Circuit Court. The individual must fill out and submit Form CR-266 to the court of conviction. Subsequently, the judge would review the petition and may grant the expungement order if they believe the benefits of the expungement to the petitioner outweigh the public interest of keeping the record open.

How to Expunge Criminal Records in Wisconsin

Any individual seeking expungement in the state must petition the court at the time of sentencing. The petition for expungement must be submitted to the original court where the case was tried after conviction, and the petitioner will be sentenced. An application form must be completed and submitted to the court for the judge to review and decide whether to grant or deny the expungement.

Firstly, the individual’s probation agent or correctional institution must agree to the expungement by sending a certificate of discharge to the court. In effect, the court reviews the certificate along with all other required paperwork before granting the expungement. On the contrary, if the petitioner was not incarcerated but only sentenced to pay fines or restitution, they may request expungement using the application form after all obligations have been fulfilled.

It is advisable to ensure that the petitioner’s criminal conviction is eligible for the process. If the record is eligible for expungement, the individual must provide the following:

• the completed petition form
• contact information
• fingerprint record removal request
• name of the police agency that made the arrest
• all arrest charges and their sentences.

Although juvenile record expungements are automatic, the individual must also petition the court at the sentencing time. A complete JD–1780 expungement form is required for this purpose. It is important to note that some eligible criminal records may not be granted for expungement. The final decision depends heavily on the court’s discretion.

Do Sealed Records Show up In Wisconsin Background Checks?

Sealed and expunged records typically do not appear in Wisconsin background checks. However, judges in the state may only order the expungement of criminal conviction records maintained by the circuit court, but not records stored by other agencies. Additionally, expunged records cannot be removed from the Wisconsin criminal history repository. As a result, the department possesses expunged criminal conviction files that cease to exist in the state court system.

Who Can See Sealed Criminal Records in Wisconsin?

Members of the public may access sealed or expunged criminal records from agencies other than the courts. Agencies involved in the arrest or conviction of offenders in the state maintain records of the case as the defendant proceeds through the state's criminal justice process. Hence, because the judge only has the authority to order the deletion or expungement of records from the court’s database, public members may retrieve expunged criminal records from other agencies that store them.

Additionally, records that are merely sealed but not expunged are not destroyed; instead, they are kept confidential. Under such circumstances, the general public will not have access to the records, but law enforcement agencies will see them.

How Can I Get My Record Expunged for Free in Wisconsin?

While there is no fee to file for expungement in Wisconsin, the petitioner may incur other costs. The clerk of the court may charge a nominal fee for certified copies of court records. To obtain a copy of an individual's criminal history report through the Wisconsin Department of Justice, the cost is approximately $12, which includes a hard copy of the report. Moreover, if the individual hires an attorney, this costs from $500 to $2000 or more. Cases that require significant legal work, such as researching court records or filing additional motions, may incur higher costs.

Petitions for expungement typically include the following:

• Name of the petitioner
• Court of conviction
• Specific criminal charge to be expunged
• Date of final disposition
• The petitioner's date of birth
• Case number

For indigent residents of Wisconsin, depending on income level, they may be eligible for either free or affordable legal services through the Wisconsin State Bar Association. Moreover, the Wicourts portal offers self-help resources provided by the state.

How to Obtain Sealed Records in Wisconsin

Generally, records expunged or deleted from the Wisconsin circuit courts remain accessible via other agencies. In addition to the state’s criminal history repository, the district attorney's office, law enforcement departments, and the Department of Transportation may still possess the expunged records.

Although Wisconsin courts may not provide further information on expunged records, they may grant access to sealed ones under certain circumstances. Courts will generally deny access to sealed records, but they are mandated by law to provide specific reasons for the denial. Inquirers seeking access to the sealed records may challenge the denial in a mandamus proceeding. If the court determines that the reasons are sufficient and that disclosure of the record does not implicate the interests of the parties in the case, it will issue a decree for disclosure of the requested documents.

In contrast, if the court determines that disclosing a record may implicate a party’s reputational or privacy interests, the individual must be notified of the request and given a reasonable time to agree to the petition or appeal against it. This process only applies to records exempted by court order and not records exempted explicitly by state public records law or federal law.

Records that are considered public may be accessible from some third-party websites. Operating independently of any federal, state, or local agency, such websites may simplify the search process as they are not limited by geographic location. Additionally, third-party sites often feature search engines that can be useful for filtering specific or multiple records. To use third-party or government websites, interested parties may need to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in

However, third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability cannot be guaranteed.