Criminal Law in Wisconsin: Understanding Expungement and Record Sealing

Criminal law in Wisconsin encompasses various legal proceedings, defense strategies, and consequences associated with criminal activities. One crucial aspect that individuals often overlook is the possibility of expungement and record sealing. Understanding these legal remedies can provide a fresh start for those who have made mistakes in their past.

What is Expungement?
The term 'expungement' refers to the process of legally destroying or sealing certain criminal records. In Wisconsin, expungement allows eligible individuals to have their criminal history erased, making it as though the arrest or conviction never occurred. This can significantly impact one’s future, especially in terms of employment opportunities, housing applications, and obtaining licenses.

Eligibility for Expungement in Wisconsin
In Wisconsin, not all criminal records are eligible for expungement. Key requirements include:

The individual must have been convicted of a misdemeanor or a felony that is considered a first offense.
The person must have completed their sentence, including probation and parole.
A waiting period of five years occurs after completing the sentence for felonies, while for misdemeanors, it is two years.
The crime must not be one of the exceptions outlined in the law (for example, certain violent crimes or sexual offenses).

If these criteria are met, individuals can pursue expungement by filing a petition in the appropriate circuit court.

Understanding Record Sealing
Record sealing differs from expungement. When a record is sealed, it remains on file but is inaccessible to the public. In Wisconsin, sealing offers some privacy for individuals who want to keep their past convictions away from public scrutiny. However, certain government agencies, such as law enforcement and licensing boards, may still access these records.

Process of Expungement and Record Sealing
The process to seek both expungement and record sealing generally follows these steps:

Determine eligibility under Wisconsin state law.
Complete the required forms and gather necessary documentation, like court records and sentencing details.
File a petition with the circuit court where the conviction occurred.
Attend the court hearing to present your case and show why expungement or sealing should be granted.
Await the court's decision.

Benefits of Expungement and Record Sealing
The benefits of these processes are substantial. Successfully obtaining an expungement can result in:

Improved job prospects, as employers often conduct background checks.
Better chances of securing housing, as landlords may consider criminal records.
Increased access to educational opportunities, including grants and scholarships.
Enhanced peace of mind and reduced stigma associated with past mistakes.

Conclusion
Understanding the intricacies of criminal law related to expungement and record sealing in Wisconsin is essential for individuals seeking a fresh start. By meeting the eligibility requirements and following the proper legal procedures, people can pave the way for a brighter future, free from the shadow of past convictions.