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 22 years. Contact the Carson Law Office at (262) 860-8932 for a free consultation.