If you have a DUI conviction on your record in Wisconsin, you may be wondering whether expungement is an option. The short answer: it depends — and the rules are stricter than most people expect.
Wisconsin Expungement: The Basic Rule
Under Wisconsin law (Wis. Stat. § 973.015), expungement is available only if two conditions are met at the time of sentencing: (1) the offense was committed when you were under age 25, and (2) the maximum sentence for the offense is six years or less. The judge must also order expungement at the time of sentencing — not later. Once sentencing is over without an expungement order, the door closes.
Does a Wisconsin OWI Qualify?
A first-offense OWI in Wisconsin is a civil forfeiture, not a criminal conviction — expungement does not apply. Second and subsequent OWI offenses are criminal, but by the third or fourth offense you are likely facing felony charges with sentences exceeding six years, which takes you outside expungement eligibility entirely. For a full breakdown of first-offense OWI penalties and your options, see our guide to Wisconsin OWI First Offense: Penalties, Process, and Your Options.
What If I Was Over 25?
If you were 25 or older when the offense occurred, Wisconsin expungement law does not apply. Wisconsin is significantly more restrictive than most other states on this point. If your concern is broader record-clearing, review our article on sealing your criminal record in Wisconsin for everything you need to know about eligibility and limits.
The Time to Act Is at Sentencing
If you are currently facing an OWI or criminal charge and may qualify for expungement, this must be part of your defense strategy from the start. Attorney Christopher S. Carson has represented clients in Wisconsin criminal defense and OWI matters for over 30 years. Contact the Carson Law Office at (262) 860-8932 for a free consultation.
About the author. Christopher S. Carson, J.D., M.A., has practiced law in Milwaukee for 34 years. He holds an M.A. in International Security Studies from Georgetown University, where he was the Bradley Fellow, was formerly with the American Enterprise Institute, and is a contributing editor at the New English Review. Read the full biography.
More on this: Criminal defense practice at Carson Law Office · Schedule a free consultation · (262) 860-8932
Related reading: Field Sobriety Tests in Wisconsin: What They Measure and Whether You Can Refuse · OWI vs. PAC in Wisconsin: Why You’re Charged With Two Things at Once · Second-Offense OWI in Wisconsin: When a Ticket Becomes a Crime
This article is general information about Wisconsin law, not legal advice about your situation, and reading it does not create an attorney-client relationship.