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What is Expungement and Why Is It Important?
Expungement is a legal option for people with past criminal convictions and juvenile adjudications. The process entails sealing past criminal records so they’re no longer accessible to the public. It gives you a fresh, clean slate so that it’s like you never committed the crime, and potential employers and landlords can’t hold it against you.
Only a court order can unseal a record once it is sealed. However, Wisconsin courts can’t seal records maintained by other states. Sealing your records in Wisconsin differs slightly from that of other states. So, it’s crucial to consult skilled lawyers from a reputable law firm in Madison to ensure you do it right.
What Factors Should I Consider Before Expunging My Past Criminal Record?
Before expunging a criminal record, it’s essential to consult extensively with skilled criminal defense lawyers in Dane County to understand the intricacies. One factor to consider is that the court is not the only entity holding your criminal conviction record.
The Crime Information Bureau, a Wisconsin Department of Justice division, also holds a record of the conviction in the Criminal History Repository. Consider filing an expungement request to the Bureau to prevent potential employers and schools from accessing the conviction history.
However, requesting the Crime Information Bureau to delete your past convictions may require you to explain the situation. For example, if you’re looking for a job and suspect potential employers may run a background check, explain that sealing the record would enhance your chances of being hired.
How Can I Get My Past Criminal Record Expunged in Wisconsin?
The timing of filing an expungement petition is crucial in Wisconsin. If sentencing is part of adjudicating the crime, you must file your request during sentencing. However, the record will be sealed once you have completed the sentence. Dane County criminal defense attorneys explain that you cannot ask for the expungement of a criminal record after serving your term.
If your case involved no sentencing but you had to pay restitution or a fine, you must request the court to seal it by filing a formal request. Ensure you start the process as soon as possible. Enlisting the expertise of criminal defense attorneys in Dane County enhances the chances of a favorable outcome.
What is the Eligibility Criteria for Expungement?
Under the 2024 expungement law in Wisconsin, eligibility depends on the following crucial factors:
Age Requirements
The law requires that you must have been under 25 when you committed the crime for which you seek expungement. The age requirement can considerably affect eligibility for different crimes and legal consequences. For example, the minimum age requirements for firearm-related crimes may vary.
Types of Offense
The law stipulates the types of offenses for which you can seek expungement and those for which you can’t. Generally, the following crimes are ineligible for expungement under the 2024 expungement law:
- Violent offenses
- Domestic abuse offenses, including stalking
- Weapon crimes
- Crimes with a maximum sentence of life in prison
- Sexual offenses
- Criminal trespass
The law further classifies eligible offenses into various categories, such as juvenile charges, misdemeanor convictions, and dismissal deferrals. Drug offenses may be eligible for expungement if specific criteria are met. Consult knowledgeable Dane County criminal defense lawyers to understand your potential eligibility depending on the offense.
Satisfaction of the Sentencing Terms
Expungement requires that a specific period lapse after the completion of the sentence before the record can be sealed. The amount of time that must pass depends on the severity of the offense. You must also meet all the conditions imposed during sentencing.
What Are the Specific Steps for Filing for Expungement?
Filing for expungement can be lengthy and intricate, especially if you need further clarification of how the system works. Considering the potential challenges and obstacles, it is recommendable to seek the assistance of skilled legal experts who understand the expungement process:
- Filing the petition: You must complete the necessary forms and submit them to the relevant court. The forms depend on the jurisdiction and type of offense you wish to seal. You also must pay the required filing fees.
- Attend a court hearing: During the hearing, the judge determines if your case is eligible for expungement based on the eligibility criteria. The prosecutor may also be present to dispute the expunction if they deem it inappropriate. A knowledgeable lawyer can aggressively advocate for your case while addressing any objections raised.
- Post-expungement requirements: After the expungement, you must maintain a clean record and adhere to any court orders. Some court-ordered obligations can be complex, but you can navigate them with the help of skilled criminal defense attorneys in Madison.
Navigating Expungement in Wisconsin with the Help of a Skilled Criminal Defense Lawyer
Expunging a past criminal conviction gives you a fresh start in life. Potential employers or landlords won’t be able to deny you employment or housing opportunities based on a crime you committed years back. Having criminal records sealed can be complex, but you can successfully navigate it with skilled legal representation.
Casper Mehlos Law Group is a leading criminal defense law firm in Wisconsin. We host a dedicated team of criminal defense attorneys to guide you through the expungement process. Through our counsel, you can quickly determine your eligibility for expungement. Our team can help you collect the necessary documents, file the application, and represent you in court. Call us at 608-820-8926 for a FREE consultation.
