Felonies, Misdemeanors, And Forfeitures in Wisconsin

In Wisconsin, criminal offenses are classified based on severity and corresponding penalties. Felonies are the most severe crimes with the most severe penalties. In contrast, misdemeanors are relatively less severe and may incur lighter penalties. Forfeiture violations are the least severe and may only attract fine payments or court diversion programs.

Summarily, Wisconsin crimes are tried on the basis of these categories. In addition to record classification, Wisconsin statutes of limitations define the legal window for prosecution in the state.

What is A Felony In Wisconsin?

The Wisconsin criminal code describes a felony as a crime that is punishable by imprisonment (WI. Stat. § 939.60). Felonies are generally considered the most grievous crimes with penalties that vary between one year imprisonment and a life sentence. The judicial system may also impose penalties like fines or probations.

Wisconsin courts are responsible for determining felony sentences based on the nature of the crime and the state’s code. However, penalties may also be influenced by circumstances such as the following:

• Age: Depending on the crime, juveniles may serve milder sentences compared to the sentences given to adult offenders (WI. Stat. § 938.183). There is also the possibility of reduced sentences after conviction, depending on certain conditions.
• Psychology: The mental health of offenders who commit felonies is taken into account during court hearings and it may be a critical factor in sentencing (WI. Stat. § 971.15). For instance, offenders who have been convicted of committing a crime while being mentally ill may be sent to a mental facility instead of prison.
• Criminal history: Wisconsin’s “three strikes” law allows for increased penalties for habitual criminals. Repeat offenders may receive harsher penalties (WI. Stat. § 939.62). In contrast, a first-time offender receives relatively less harsh sentences.
• Mitigating circumstances: There are different other factors surrounding the circumstances around a crime. A mitigating circumstance is an extenuating circumstance that could lead to a more merciful sentence, like reduced charges. For example, an offender could have been provoked (WI. Stat. § 939.44) or be acting in self-defense (WI. Stat. § 939.48).
• Consequences of the crime: criminal convictions often come with severe consequences like financial or social damages. Crimes with severe penalties often have higher consequences.

Classes of Felonies in Wisconsin

Felonies in Wisconsin are generally categorized into nine classes (A to I), with Class A being the most grave and having the most severe punishments. In contrast, the Class I is the least severe felony category (WI. Stat. § 939.50). Each class has set maximum penalty limits in terms of prison terms and fines. The classes of felonies with their penalties are listed below:

• Class A Felonies: Life in prison
• Class B Felonies: Imprisonment not exceeding 60 years
• Class C Felonies: Maximum jail term of 40 years, maximum fine of $100,000, or both
• Class D Felonies: Maximum jail term of 25 years, maximum fine of $100,000, or both
• Class E Felonies: Maximum jail term of 15 years, maximum fine of $50,000, or both
• Class F Felonies: Maximum jail term of 12 years and 6 months, maximum fine of $25,000, or both
• Class G Felonies: Maximum jail term of 10 years, maximum fine of $25,000, or both
• Class H Felonies: Maximum jail term of 6 years, maximum fine of $10,000, or both
• Class I Felonies: Maximum jail term of 3 years and 6 months, maximum fine of $10,000 or both

What Are Some Examples Of Felonies In Wisconsin?

Examples of felonies in Wisconsin, according to class, include:

• Class A Felony: First-degree murder, first-degree intentional homicide, etc.
• Class B Felony: First-degree sexual assault, second-degree intentional homicide, aggravated arson.
• Class C Felony: Possession of cocaine with the intent to sell (40 grams or more), arson, and OWI (operating while intoxicated) vehicular homicide (repeated offender).
• Class D Felony: Second degree reckless homicide, hit and run (with fatality), possession of cocaine with intent to sell (15 to 40 grams), etc.
• Class E Felony: Hit and run (which caused great bodily harm to the victim), aggravated battery (with intention and great bodily harm to the victim), possession of marijuana with intent to sell (10 kg or more).
• Class F Felony: OWI (with great bodily harm), first-degree reckless endangerment, stalking with a weapon, public discharge of firearm, etc.
• Class G Felony: Property theft (worth more than $10,000), second-degree reckless endangerment, strangulation (second offense), etc.
• Class H Felony: False imprisonment, property thefts ($5,000 to $10,000), illegal possession of weapons, felony bail jumping, strangulation, etc.
• Class I Felony: Threatening, stalking, aggravated battery (with substantial bodily harm), property theft ($2,500 to $5,000), and so on.

Note: A crime may fall under different categories. This may be due to the varying degrees, the financial cost of damages, or even the weight of substances, as seen in drug possession cases.

Can I Get A Felony Removed from a Court Record in Wisconsin?

Yes, you can file a request with law enforcement agencies or the Wisconsin Criminal Health Repository to remove fingerprint records of felony arrests that did not lead to a conviction (WI. Stat. § 165.84(1)).

However, there is no statutory provision for the judicial sealing or expungement of the entire arrest and court records of non-conviction cases like absence or dismissal of charges. This is because expungement only applies to convicted cases. Still, it may be possible to remove arrest records and records of dismissed charges from the CIB. It is also possible to remove records of dismissed charges from the CCAP after a minimum of 2 years after dismissal.

On the other hand, expunging a felony record of convicted persons depends on a few factors as stated in the special disposition section of the Wisconsin statute. The terms for eligibility and qualification for expungement include:

• The crime should be a non-violent felony for which the maximum jail term is 6 years or less. This means non-violent offenses that fall within the Class H and Class I categories (with limitations) as defined in WI. Stat. § 301.048 (2).
• The individual should have been 25 years or less at the time the crime was committed or under 18 years at the time of committing a sex-related invasion of privacy as defined in WI. Stat. § 942.08 (2) (b), (c), (d), or (3).
• The individual should not have prior felony convictions.
• Expungement requests should be made at the time of sentencing and determined at the discretion of the court.
• If the court determines that expunging the defendant’s record, upon successful completion of the sentence, may benefit the individual and society will not be harmed by the disposition.
• The sentence should be completed and all probation conditions satisfied.

Offenders do not need to file an expungement petition if the court made a ruling that the record is expungeable during conviction. Expungement may be automatic once the detaining or probationary authority issues and then files a certificate of discharge with the court. The court then proceeds to expunge the record.

Note: The records mentioned exclude those kept by the Department of Transportation as prescribed in WI. Stat. § 343.23 (2).

Is Expungement The Same As Sealing Court Records in Wisconsin?

Yes, an expungement in Wisconsin is more or less the same as sealing a record. An expunged record is no longer accessible to the public. However, some legal departments or agencies still retain the right to access such records. This is because the special disposition does not require law enforcement agencies or prosecutors to destroy records concerning an expunged conviction.

Although expunged records are inaccessible to the public, they still exist in private databases like the Crime Information Bureau (CIB) or Consolidated Court Automation Programs (CCAP). This means that records may be accessed under the right conditions. It should also be noted that even with an expunged criminal record, previously convicted persons may still have to admit to having a criminal one. This may prove to affect an individual’s life after release.

Note: There is an Assembly bill that seeks to amend the Wisconsin expungement law by eliminating the age restriction and allowing petitions for the expungement of certain criminal records.

How Long Does a Felony Stay on Your Record in Wisconsin?

A felony conviction may stay on an individual’s record forever if the individual had not been ruled to qualify for expungement at the time of sentencing. The same applies to those who were eligible for expungement but failed to meet all the conditions, which may include:

• Completing the mandated jail term
• Not committing subsequent crimes after qualifying for expungement
• Satisfying other probation conditions and non-revocation of probation

Expungement is automatic after criminal justice agencies forward a copy of a discharge certificate to the court that handled the conviction.

What is a Misdemeanor in Wisconsin?

The Wisconsin criminal code describes a misdemeanor that is not punishable by more than a one-year jail term (WI. Stat. § 939.60). The court may also impose fines or diversion programs on convicted offenders.

Misdemeanor violations are less severe than felonies and may come with lesser penalties. The Wisconsin court determines the penalties based on the nature of the violation and other factors like the offender’s age and prior convictions.

Classes of Misdemeanors in Wisconsin

Misdemeanors in Wisconsin are typically divided into three classes (Class A to C), with Class A being the most severe. Each class of misdemeanors carries penalties like jail terms or fines (WI. Stat. § 939.51).

• Class A Misdemeanors: Maximum jail term of 9 months, maximum fine of $10,000, or both
• Class B Misdemeanors: Maximum jail term of 90 days, maximum fine of $1,000, or both
• Class C Misdemeanors: Maximum jail term of 30 days, maximum fine of $500, or both

Apart from these categories, Class U misdemeanors do not have specific penalties. The penalties may vary based on the crime severity and aggravating circumstances.

What are some examples of Misdemeanors in Wisconsin?

Examples of misdemeanors in Wisconsin according to class include:

• Class A Misdemeanors
  • Battery
  • Theft of property (less than $2,500)
  • Criminal damage to property.
• Class B Misdemeanors
  • Participating in gambling
  • Disorderly conduct
  • Trespassing in a medical facility
• Class C Misdemeanors
  • Vagrancy
    Possession of alcohol as a minor (second offense within 30 months)
  • Drawing indecent material in a public place.
• Class U Misdemeanors
  • Drug possession
  • Hunting violation, DUI (second or third offense)
  • DUI with minor in the car
  • Underage DUI
  • Hit and run (with no injuries to victim)

Can I Get a Misdemeanor Removed from a Record in Wisconsin?

The Wisconsin expungement law allows for individuals who committed non-violent misdemeanors before the age of 25 to be eligible for record expungement. However, this excludes traffic misdemeanor records maintained by the department of transportation (WI. Stat. § 343.23 (2)).

Other conditions for eligibility include:

• Expungement requests should be made by the defendant and determined by the court at the time of sentencing.
• The court decided that the individual and society may benefit from the expungement.
• The individual should not have prior or subsequent convictions of violent crimes or felonies.
• If the court determines that expunging the defendant’s record, upon successful completion of the sentence, may benefit the individual and society may not be harmed by the disposition.
• The sentence should have been completed, fines paid, and all probation conditions satisfied.

Expungement is automatic once the offender fulfills the set requirements and a probationary authority issues a certificate of discharge.

Can a DUI Be Expunged in Wisconsin?

No, Wisconsin has no statutory provision for the judicial sealing or expungement of DUI or OWI records. Therefore, a DUI conviction record may remain on an individual’s record for life since the Wisconsin statutes especially exclude records maintained by the Department of Transportation from the disposition of an expungement.

What Constitutes A Forfeiture Violation In Wisconsin?

This is a violation of state ordinances that do not require any jail term or have no expressed penalties (WI. Stat. § 939.61). Offenses under this category are not criminal but may result in penalties like fine payments or forfeiture of properties. Revenues from forfeitures are to be paid to the county or municipality where the violation was committed (WI. Stat. § 778.105).

Note: Some felonies and misdemeanors may also be subject to forfeitures.

Classes of Forfeitures in Wisconsin

Forfeitures in Wisconsin are divided into five classes (Class A to E), with Class A having the highest fines (WI. Stat. § 939.52). Penalties are decided by a public body but may be disputed in court, although most people usually just pay the fine.

The classes of forfeitures and their corresponding penalties include the following:

• Class A forfeiture: Fine or property forfeiture not exceeding $10,000.
• Class B forfeiture: Fine or property forfeiture not exceeding $1,000.
• Class C forfeiture: Fine or property forfeiture not exceeding $500.
• Class D forfeiture: Fine or property forfeiture not exceeding $200.
• Class E forfeiture: Fine or property forfeiture not exceeding $25.

What are some examples of forfeitures in Wisconsin?

Examples of forfeiture violations include certain disorderly conduct like noise making and the first violation of status offenses like underage drinking or clubbing. Others include non-criminal traffic violations like equipment violations and failure to wear a seatbelt.

Can Forfeitures be Expunged from a Wisconsin Criminal Court Record?

No, there is no provision in the Wisconsin statutes for the expungement of either civil or traffic forfeiture violations. The special disposition section of the statute only applies to offenses that fall under felonies and misdemeanors.

What is Deferred Adjudication in Wisconsin?

Unlike other US states, Wisconsin uses deferred prosecution agreements as a tool to defer convictions. Per Section 971.39, prosecuting attorney forms a deferred prosecution agreement with the defendant under these conditions:

• The offender admits or pleads guilty to all the charges.
• The offender lives in a county with a population below 100,000.
• The offender agrees to participate in and complete a court-mandated program.

The district or prosecuting attorney has the right to resume prosecution if the offender fails to adhere to the agreement.

Note: There are no specific information on which crimes are eligible or exempt from deferred prosecution agreements in Wisconsin

Types of Crimes Eligible for Deferred Adjudication in Wisconsin

Section 971.37 of the Wisconsin Statutes mentions the process for deferring judgment for sexual assault cases in which the victim is a minor. Besides this section, there are no other mentions of crimes that are eligible for deferred prosecution agreements. Nevertheless, the state may prevent a deferred prosecution agreement for severe felonies like murder and treason.