Full question:
I had post-partum depression 15yr ago and was convicted on the federal level of illegal use of a credit card. I have been legal (not even a speeding ticket) since then. I was laid-off recently and need to find work. For employment purposes, can my record be suppressed or even expunged?
- Category: Criminal
- Subcategory: Expungement of Criminal Records
- Date:
- State: Wisconsin
Answer:
There is no federal expungement statute, except in limited circumstances of minor drug possession cases for first offenders under 21 years old. A presidential pardon or executive clemency can restore rights, such as voting, but does not erase records.
Wisconsin Statute Sec. 973.015 has been recently amended to allow expungement for persons convicted of all misdemeanors and certain felonies, if the defendant was under twenty-five years of age at the time of the offense. Whether expungement will be awarded is normally discussed at the time of the sentencing. However, expungement is possible even when it was not discussed at the sentencing hearing.
The answer will depend on the classification of your offense, whether it carried a maximum sentence of more than 6 years, and whether you have prior or subsequent offenses.
Please see the following WI statute:
973.015 Special disposition.
(1)(b)
(b) The court shall order at the time of sentencing that the record be expunged upon successful completion of the sentence if the offense was a violation of s. 942.08 (2) (b), (c), or (d), and the person was under the age of 18 when he or she committed it.
973.015
973.015 (1)(c)
(c) No court may order that a record of a conviction for any of the following be expunged:
973.015
973.015 (1)(c)1.
1. A Class H felony, if the person has, in his or her lifetime, been convicted of a prior felony offense, or if the felony is a violent offense, as defined in s. 301.048 (2) (bm), or is a violation of s. 940.32, 948.03 (2) or (3), or 948.095.
973.015
973.015 Special disposition.
973.015
973.015 (1)
(1)
973.015
973.015 (1)(a)
(a) Subject to par. (b) and except as provided in par. (c), when a person is under the age of 25 at the time of the commission of an offense for which the person has been found guilty in a court for violation of a law for which the maximum period of imprisonment is 6 years or less, the court may order at the time of sentencing that the record be expunged upon successful completion of the sentence if the court determines the person will benefit and society will not be harmed by this disposition. This subsection does not apply to information maintained by the department of transportation regarding a conviction that is required to be included in a record kept under s. 343.23 (2) (a).
973.015
973.015 (1)(b)
(b) The court shall order at the time of sentencing that the record be expunged upon successful completion of the sentence if the offense was a violation of s. 942.08 (2) (b), (c), or (d), and the person was under the age of 18 when he or she committed it.
973.015
973.015 (1)(c)
(c) No court may order that a record of a conviction for any of the following be expunged:
973.015
973.015 (1)(c)1.
1. A Class H felony, if the person has, in his or her lifetime, been convicted of a prior felony offense, or if the felony is a violent offense, as defined in s. 301.048 (2) (bm), or is a violation of s. 940.32, 948.03 (2) or (3), or 948.095.
973.015
973.015
973.015 (1)(c)2.
2. A Class I felony, if the person has, in his or her lifetime, been convicted of a prior felony offense, or if the felony is a violent offense, as defined in s. 301.048 (2) (bm), or is a violation of s. 948.23.
973.015
973.015 (2)
(2) A person has successfully completed the sentence if the person has not been convicted of a subsequent offense and, if on probation, the probation has not been revoked and the probationer has satisfied the conditions of probation. Upon successful completion of the sentence the detaining or probationary authority shall issue a certificate of discharge which shall be forwarded to the court of record and which shall have the effect of expunging the record. If the person has been imprisoned, the detaining authority shall also forward a copy of the certificate of discharge to the department.
Please see the following to determine the classification of your felony:
http://nxt.legis.state.wi.us/nxt/gateway.dll?f=templates&fn=default.htm&d=stats&jd=961.41
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
