Expungement in Wisconsin: Clearing Your Criminal Record
Having a criminal record can affect many aspects of life, from securing employment to obtaining housing and professional licensing. In Wisconsin, expungement offers a limited legal pathway to remove certain criminal convictions from public view. However, Wisconsin’s expungement laws are significantly more restrictive than those in many other states, making it critical to understand eligibility requirements and procedural limitations.
If you were convicted in Janesville, Rock County, or elsewhere in Wisconsin, whether expungement is available depends largely on what happened at your original sentencing.
This guide explains how expungement works in Wisconsin, who qualifies under Wisconsin Statute § 973.015, what the process looks like, and what alternatives may be available if you do not qualify.
What Is Expungement in Wisconsin?
Expungement is the legal process of removing a criminal conviction from public court records. When a conviction is expunged in Wisconsin:
The record is removed from public access.
It will not appear on most standard background checks.
Law enforcement agencies and courts may still access the record in limited circumstances.
Importantly, expungement in Wisconsin does not destroy the record. It seals the record from public view.
Unlike many other states, Wisconsin does not allow broad post-conviction expungement petitions years after a case is closed. Expungement must generally be granted at the time of sentencing.
Who Qualifies for Expungement in Wisconsin?
Expungement eligibility is governed by Wisconsin Statute § 973.015 and is narrowly defined.
1. Age at the Time of the Offense
The defendant must have been under 25 years old at the time the offense was committed - not at the time of conviction or sentencing.
This distinction is critical. If the offense occurred after age 25, expungement is not available under current law.
2. Type of Offense
Expungement is available only for:
Misdemeanors
Certain Class H felonies
Certain Class I felonies
Expungement is not available for:
Class A–G felonies
Violent crimes
Sexual offenses
OWI convictions
Serious drug trafficking offenses
Sex offender registry cases
Each conviction must independently qualify.
3. Expungement Must Be Granted at Sentencing
This is the most important restriction under Wisconsin law.
Expungement must be specifically ordered by the sentencing judge at the time of sentencing. If the judge did not grant expungement eligibility during sentencing, Wisconsin law generally does not allow a defendant to request it later.
Even if a person would otherwise qualify, courts do not have authority to grant expungement retroactively unless it was addressed at sentencing.
4. Successful Completion of the Sentence
If expungement was granted at sentencing, the individual must successfully complete all sentence conditions, including:
Probation
Jail or prison time
Restitution
Fines and costs
Court-ordered treatment or programming
Failure to complete any part of the sentence may prevent expungement from taking effect.
Is Expungement Automatic?
If expungement was granted at sentencing, it typically becomes effective after successful completion of the sentence.
In most cases:
A new application is not filed with the Wisconsin Department of Justice.
The court clerk verifies completion of the sentence.
The court processes the expungement according to the sentencing order.
Administrative procedures can vary slightly by county, but the expungement authority comes from the original sentencing court — not from a separate DOJ petition process.
Common Reasons Expungement Does Not Occur
Expungement may fail or be unavailable for several reasons:
The defendant was 25 or older at the time of the offense.
The offense did not qualify under § 973.015.
The judge did not grant expungement at sentencing.
The sentence was not successfully completed.
The court determines that expungement would not serve the public interest.
Expungement is discretionary. Even when eligibility criteria are met, a judge is not required to grant it.
How Long Does Expungement Take?
If expungement was granted at sentencing, the process typically occurs after successful completion of all sentence conditions.
Processing time can vary depending on:
County administrative procedures
Whether restitution and financial obligations were satisfied
Court backlog
In Rock County and other Wisconsin jurisdictions, timelines may vary.
Alternatives If You Do Not Qualify for Expungement
Because Wisconsin’s expungement law is limited, individuals who do not qualify may consider other legal options.
1. Governor’s Pardon
A pardon is granted by the Wisconsin Governor and may restore certain civil rights, such as firearm possession. A pardon does not erase or seal the record but may demonstrate rehabilitation.
Pardons are discretionary and require a formal application process.
2. Deferred Prosecution Agreements (Pre-Conviction)
In some cases, individuals may qualify for deferred prosecution before conviction. Successful completion may result in dismissal of charges.
This option is only available before a conviction is entered.
3. Record Corrections
In limited circumstances, clerical errors or inaccurate records may be corrected through court motion.
How Expungement Can Improve Your Future
A criminal record can affect:
Employment opportunities
Housing applications
Educational admissions
Professional licensing
Financial lending opportunities
When available, expungement can reduce barriers caused by a public criminal record and allow individuals to move forward more confidently.
Frequently Asked Questions
Can I apply for expungement years after my case ended?
Generally, no. Wisconsin law requires expungement to be granted at sentencing. If it was not granted then, courts usually lack authority to approve it later.
Does expungement completely erase my record?
No. The record is removed from public court access but may still be accessible to courts and law enforcement.
Can multiple convictions be expunged?
Each conviction must independently qualify and must have been granted expungement at sentencing. Wisconsin does not allow broad, post-conviction expungement of multiple unrelated offenses.
Does expungement restore gun rights?
Expungement may impact certain civil consequences, but firearm rights restoration can be complex and may require additional legal review.
Get In Touch With Gerard Law Firm about Your Expungement
Wisconsin’s expungement laws provide limited opportunities to clear certain convictions from public view. Because eligibility depends heavily on what occurred at sentencing, reviewing your judgment of conviction is the first step.
If you believe you may qualify for expungement in Janesville, Rock County, or elsewhere in Wisconsin, it is important to evaluate your original sentencing order carefully.
Contact Gerard Law Firm to determine whether expungement, a pardon, or another legal strategy may be available in your case.
This article is for informational purposes only and is not legal advice. Reading this article does not create an attorney-client relationship. State and federal laws change frequently. This article reflects Wisconsin law as of the “Published” or “Last Updated” date listed above. Legal outcomes depend on specific facts. Consult a qualified attorney regarding your specific situation.
