How to get a felony expunged in Wisconsin?

How to Get a Felony Expunged in Wisconsin?

Expunging a felony conviction in Wisconsin can be a lengthy and complex process, but it is a viable option for individuals seeking to have their criminal record cleared. In this article, we will guide you through the steps to expunge a felony conviction in Wisconsin.

Eligibility Criteria

Before you begin the expungement process, it is essential to understand the eligibility criteria for expunging a felony conviction in Wisconsin.

• You must have completed your sentence, including probation and any fines or fees, at least five years prior to applying for expungement.
• You must not have been convicted of any crimes other than the original felony for which you are seeking expungement.
• You must not have had any prior convictions expunged.
• You must not be on parole or probation for any crime.
• You must not have any outstanding criminal warrants or pending criminal charges.

Types of Expungement

Wisconsin law provides for two types of expungement:

• Section 973.13 expungement: This type of expungement applies to convictions under Wis. Stat. § 939.63, which are crimes committed as a result of juvenile behavior. Section 973.13 expungement does not apply to adult felony convictions.
• Wis. Stat. § 801.095 expungement: This type of expungement applies to all other types of felony convictions.

The Expungement Process

The expungement process in Wisconsin typically takes several months to a year to complete. Here is a step-by-step guide to the process:

Step 1: Review Eligibility

• Review the eligibility criteria to ensure you meet the requirements.
• Review the conviction(s) you want to expunge to determine the appropriate type of expungement.

Step 2: Gather Documentation

• Gather the necessary documents, including:

  • Court records and documentation of the conviction(s).
  • Proof of completing sentence, including probation and fines/fees.
  • Proof of ineligibility for other criminal convictions (if applicable).

Step 3: Complete the Expungement Petition

• Obtain and complete the expungement petition (Form ER-001) from the Wisconsin Circuit Court.
• Provide detailed information about the conviction(s) you want to expunge, including:

  • Date and place of conviction.
  • Description of the offense.
  • Your sentence and sentence completion date.
  • Any other relevant information.

Step 4: File the Petition

• File the expungement petition with the circuit court where you were convicted.
• File a copy of the petition with the Wisconsin Department of Justice, Division of Justice Agency Services.

Step 5: Wait for Court Approval

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• Wait for the court to review and approve your petition. The court may schedule a hearing if necessary.
• If the court denies your petition, you may file an appeal.

Step 6: Complete Required Documents

• Complete and file any additional documents required by the court, including:

  • Proof of completing sentence (if required).
  • Proof of ineligibility for other criminal convictions (if required).

Step 7: Pay Fees

• Pay the required fees for the expungement petition (currently $240) and any additional fees imposed by the court.

Step 8: File Notice with Law Enforcement Agencies

• File a copy of the expunged court records with the appropriate law enforcement agencies, including:

  • Local law enforcement agency where you were convicted.
  • State agencies (e.g. Department of Justice, Wisconsin State Patrol).

Consequences of Expungement

Once your felony conviction is expunged, you will experience the following benefits:

• Restoration of civil rights: Your right to vote, serve on a jury, and hold public office will be restored.
• Employment opportunities: You may become eligible for employment opportunities that were previously closed to you due to the felony conviction.
• Loan and credit opportunities: You may become eligible for loan and credit opportunities that were previously denied or at higher interest rates.
• Criminal justice clearance: Your expunged conviction will not be available to the public or disclosed to third parties.

Conclusion

Expunging a felony conviction in Wisconsin is a complex process, but it can have a significant impact on your life. By understanding the eligibility criteria, types of expungement, and the expungement process, you can take the necessary steps to clear your criminal record. Remember to gather the necessary documentation, complete the expungement petition, file the petition with the court, and follow the necessary steps to achieve a successful expungement.