A criminal record follows you. Background checks turn up arrests and convictions for jobs, housing, professional licenses, and more. Wisconsin law allows expungement in limited circumstances — and if you qualify, pursuing it is worth every effort.
Who Qualifies for Expungement in Wisconsin?
Wisconsin’s expungement statute is more restrictive than many people expect. To qualify, all of the following must be true:
- You were under 25 years old at the time of the offense
- The offense carries a maximum sentence of 6 years or less
- The court ordered expungement eligibility at the time of sentencing (this is critical — if the judge didn’t make that finding at sentencing, expungement is not available later)
- You have successfully completed your sentence
Certain serious offenses — including crimes requiring sex offender registration and serious felonies — are categorically ineligible regardless of age.
The “At Sentencing” Requirement
This is the part that catches most people off guard. In Wisconsin, the judge must find at the original sentencing that expungement will benefit you and that it is not contrary to public interest. If that finding wasn’t made when you were sentenced, the door is closed — you cannot go back later and ask for it to be added.
This is why having an attorney at sentencing matters even for what seem like minor cases. An experienced defense lawyer knows to ask for expungement eligibility at sentencing before the opportunity is permanently lost.
How to Apply for Expungement
Once you’ve completed your sentence and probation (if any), you file a petition with the court that handled your case. The court reviews whether you’ve met all conditions. If granted, the record is sealed from public view — though law enforcement retains access.
What Expungement Does and Doesn’t Do
Expungement seals your record from most background checks. You can lawfully say you were not convicted of the offense in most contexts. However, it does not erase the record entirely — it remains accessible to law enforcement and courts, and federal agencies may still see it.
Attorney Christopher Carson can review your case and tell you honestly whether expungement is available to you. Call (262) 860-8932.