A criminal record can follow a person for decades, affecting their ability to find a job, secure housing, obtain professional licenses, and move forward with their life. Many Wisconsin residents want to know: is there a way to seal or erase a criminal record? The answer is yes — but Wisconsin’s expungement law is more limited than many people expect, and understanding exactly who qualifies, what offenses are eligible, and what expungement actually accomplishes is essential before assuming it is an option for you.
Wisconsin’s Expungement Law: The Basics
Wisconsin’s expungement statute is found at Wisconsin Statute § 973.015. Unlike many other states that have broad record-sealing laws, Wisconsin’s expungement law is notably restrictive. It does not allow for the retroactive expungement of most adult convictions after the fact. Instead, Wisconsin’s primary expungement mechanism is one that must be ordered by the sentencing judge at the time of sentencing — not years later when the person realizes they wish they had asked for it.
This is a critical point that surprises many people: if the sentencing judge does not order expungement at the time of sentencing, the opportunity may be permanently lost for that conviction. This makes having an experienced defense attorney at sentencing critically important — one who will request expungement when eligible and argue for it on the record.
Who Qualifies for Expungement in Wisconsin?
Under Wisconsin Statute § 973.015, expungement is available under the following conditions:
Age at time of offense: The person must have been under the age of 25 at the time the offense was committed. This is sometimes called the “under-25 rule.” If you were 25 or older when the crime occurred, this form of expungement is generally not available to you.
Maximum penalty for the offense: For felony convictions, expungement is only available if the maximum penalty for the offense is 6 years or less. This limits felony expungement to Class H and Class I felonies. More serious felonies are categorically ineligible. Misdemeanor convictions are generally eligible regardless of the maximum penalty, as long as the other requirements are met.
Successful completion of sentence: The person must have successfully completed their sentence, including any probation, extended supervision, or parole. A person who violated the terms of supervision or had supervision revoked may be ineligible.
What Offenses Are Not Eligible?
Certain convictions are expressly ineligible for expungement regardless of age or sentence completion. These include Class A through G felonies (which carry maximum sentences exceeding 6 years), serious violent offenses, and sex offenses that require registration on the sex offender registry. Additionally, because the law requires the sentencing judge to make the expungement order at sentencing, cases where this was not done — even for otherwise eligible offenses — may not be correctable afterward.
What Expungement Actually Does — and Does Not Do
Wisconsin expungement is not what many people envision when they imagine “clearing a record.” When expungement is ordered and completed, the court record is sealed. This means the conviction is no longer accessible to the general public through normal court record searches, and the person may answer “no” on some private employment applications when asked about convictions. However, Wisconsin expungement does not:
Erase the conviction from law enforcement databases — police, prosecutors, and courts can still see the record. Remove the conviction from the Wisconsin Department of Justice crime information bureau (CIB) records for purposes of counting prior offenses in future cases. Affect federal records or background checks run by federal agencies. Remove the entry from news archives, private background check companies, or other third-party databases that may have already captured the information.
This means that while expungement can help with private-sector employment and provide some relief, it is not a complete erasure of the conviction.
Recent Developments
Wisconsin has seen ongoing legislative discussion about expanding expungement eligibility, including proposals to allow post-conviction petitions for those who did not receive an expungement order at sentencing. The law in this area may continue to evolve, making it worth consulting with an attorney about the current state of the law as it applies to your specific situation.
If you have a conviction on your record and want to know whether expungement is possible, or if you are facing sentencing and want to ensure expungement is requested when eligible, Attorney Christopher S. Carson can help. With over 22 years of experience in Wisconsin criminal defense, he understands how to protect your record from the start. Call (262) 860-8932 today for a free consultation.