State Law Summary

Wisconsin

Disclaimer

The following is a summary of the law prepared by law students under the supervision of a professor based on consulting multiple sources. It is only up to date as of the dates shown below and in many cases we had to make judgment calls. Therefore we encourage you to also consult the sources below, as well as the Restoration of Rights Project that include summaries of the law for all 50 states and US territories.

Primary Sources: Expunging WI Court Records (Apr 2015)

Secondary Sources: Wisconsin CCRC (7/13/2020)

Summary of the Law

CONVICTIONS Wisconsin Statute § 973.015

  1. Misdemeanors:
    1. Expungement for misdemeanors, if the individual is under 25 at the time of the offense, automatically upon completion of sentence.
    2. Pre-2009: Expungement for misdemeanors, if the individual is under 21 at the time of the offense, automatically upon completion of sentence.
  2. Felonies:
    1. Post-2009: Expungement for first-time, non-violent felonies, if the individual is under 25 at the time of the offense, automatically upon completion of sentence. Court must make a finding at the time of sentencing.
  3. Not eligible: n/a
  4. Lifetime or other Limits:
    1. No prior felony condition, defied by punishable by 6 years or less.
  5. LFO payment required for sentence completion:
  6. Other Unmodeled Criteria or details:
    1. Victims of Human Trafficking
    2. Expungement must be made at the time of sentencing.

NON-CONVICTIONS:Wis. Stat. § 165.84(1)

  1. Expungement for non-conviction records upon disposition.
  2. Other Un-modeled Criteria or details:
    1. Deterred prosecution under 165.84(1)

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