wisconsin expungement lawyers

expungement

Criminal charges can be erased from a person's criminal record by one of two processes: an expungement, or a governor's pardon. The attorneys at Birdsall Law Offices can help you with either process. An expungement results in a criminal charge being stricken from a person's criminal record. With the exception of a very small number of offenses, an expungement is not a right; but rather, it is the result of a separate court order.

mandatory expungement

If a person is under the age of 21 years at the time of committing an offense for which that person is found guilty in a court, and the law provides a maximum penalty of imprisonment for one year or less in the county jail for a violation of that offense, the court may order at the time of sentencing that the record be expunged upon successful completion of the sentence if the court determines that the person would benefit and society would not be harmed by this provision in the sentence. Upon successful completion of the sentence and probation, the detaining or probationary authority will issue a certificate of discharge and forward it to the court of record. That certificate will have the effect of an expungement.

Successfully completion of a sentence

"Successful completion" means that the person completed the sentence, was not convicted of a subsequent offense and, if on probation, has not been revoked and has completed all of the conditions of probation.

court ordered Expungement

Unless the conviction is for particular offenses involving invasion of privacy, or is pardoned by the Governor of the state of Wisconsin, an expungement must be ordered by a court. An expungement request will only be considered by a court if:

• No subsequent convictions exist on the person's criminal record, and
• The person requesting an expungement was under the age of 21 years at the time that the offense was committed, and
• The maximum penalty for the conviction was imprisonment for one year or less in the county jail, and
• The sentence was successfully completed, and
• The court determines that the person will benefit from the expungement, and
• The court determines that society will not be harmed by the expungement.

Preparing An Expungement Request

Before an expungement can be requested, several preparatory steps must be completed.

The first step involves a case review. When a case is reviewed, all of the case information is read including all of the court transcripts, depositions, letters from the district attorney and, in some instances, a review of the physical evidence.

Upon completion of a case review, preparation for the initial motion begins. That motion must convince a court (the judge) that the person requesting the expungement will benefit from it and society will not be harmed. To show that the expungement will be of benefit, a motion must typically also show that the conviction on the person's criminal record caused harm to the person. Additionally, the motion must show that the expungement will not cause harm to society. The motion might include situations from the person's life, such as those listed below.

• The conviction created a criminal record, which prevented employment.
• Housing was refused due to the conviction.
• Recommendations from a probation officer.
• Recommendations from a law enforcement agency, if applicable, such as working as a snitch.
• Examples of other damage caused by the criminal record.
• Examples of actions taken to prove that a "lesson has been learned" by this conviction, repentance, and positive contributions to society such as church work, community service and counseling.
• Other information that supports the fact that a lesson is learnt, and expunging the record will only support continued future behavior to accomplish goals that support society. Some items that support this are family photos, work promotions, college transcripts, and other professional, family and educational accomplishments.

wisconsin open records laws

In accordance with Wisconsin's open records laws, most criminal records are open to the public for review. The public has access to the Circuit Court's public record database [CCAP] on the Circuit Court's website. Most criminal charges and convictions of people who at least 18 years of age are published on the CCAP website. Some criminal records are not available, such as criminal records for juveniles (minors under the age of 18 years) or people incarcerated into a state hospital or mental institution.

Everyone has access to published criminal records. Even employers can review records online without making a special request for a copy of a person's criminal record, as is the case in most states.

Wisconsin Criminal & Drunk Driving Defense Lawyers

The criminal & DUI defense attorneys at Birdsall Law routinely represent people in the counties (and cities) listed below.

• Milwaukee County (Milwaukee, Wisconsin)
• Brown County (Green Bay, Wisconsin)
• Door County (Sturgeon Bay, Wisconsin)
• Fond du Lac County (Fond du Lac, Wisconsin)
• Kenosha County (Kenosha, Wisconsin)
• Manitowoc County (Manitowoc, Wisconsin)
• Outagamie County (Appleton, Wisconsin)
• Racine County (Racine, Wisconsin)
• Sheboygan County (Sheboygan, Wisconsin)
• Winnebago County (Oshkosh, Wisconsin)

Free Criminal Defense Initial Consultation

Regardless of the crime, the charges, or the time of day, the attorneys at Birdsall Law Offices stand ready to defend you. If you are facing criminal prosecution or drunk driving penalties, please call 1-866-493-0726, e-mail - - or send your case information to the attorneys at Birdsall Law Office for a free initial consultation.