In Wisconsin, your chance to have a felony expunged is decided at one hearing. If the judge does not order it at sentencing, the opportunity is lost. There is no later motion or second look. That is why the conversation about expunction has to happen before sentencing, not after.

Only Some Felonies Qualify

Wisconsin’s expungement law, Wis. Stat. § 973.015, is quite specific. To be eligible, all of the following must be true:

• You were under the age of 25 at the time of the offense.
• The maximum prison sentence for the crime is 6 years or less, making it a misdemeanor or a Class H or I felony.
• If it’s a Class H or I felony, there are no prior felony convictions on your record.
• The offense is not violent or otherwise prohibited by the statute, such as stalking or certain child abuse charges.

Felonies in classes A through G are entirely outside the statute. The law also leaves alone the records of convictions that the Department of Transportation is required to keep, so drunk-driving convictions are generally not included.

The Judge Decides at Sentencing, and Only Then

The statute allows a judge to order expunction “at the time of sentencing.” In State v. Matasek, the Wisconsin Supreme Court ruled that this means the sentencing hearing itself. A judge cannot wait to see how you perform on probation and then decide later.

A later motion to modify your sentence does not reopen the question.

Expunction is also a discretionary process. The judge needs to find that you will benefit from it and that society will not be harmed. A simple statement about that is not enough. The judge should explain the reasoning behind their decision. Your attorney’s role is to provide the court with information to help them make a decision:

• Evidence of steady work or enrollment in school.
• Proof of completed treatment or counseling.
• Letters from employers, family members, or community leaders.
• Information about a career, military service, or licensing goals that a criminal record could prevent you from achieving.

Expunction Is Conditional Even After a Judge Grants It

The order does not erase your record on the day of sentencing. Your record is erased only after you have successfully completed the sentence. This means:

• There will be no new offense
• There will be no probation revocation
• All conditions of probation will be met

After that, the supervising authority will issue a certificate of discharge, and the erasure will take effect.

The conditions are strict. In State v. Lickes, the Wisconsin Supreme Court held that violating a probation condition can defeat expunction, including a rule set by your Department of Corrections agent, and even when your probation has never been revoked. One missed appointment or one skipped treatment session can undo what the judge granted.

What Expunction Does and Does Not Do

Expunction removes the conviction record from the court file, which helps with job applications, housing applications, and background checks.

It is not a pardon. The conviction remains valid and expungement does not restore your right to possess firearms after a felony conviction. If you are concerned about your gun rights, please discuss this with your attorney as soon as possible.

Raise Expunction Before Your Sentencing Date

If you are facing felony charges and you are under 25 or were under 25 when the offense occurred, expungement should be part of your defense strategy from the beginning. A plea bargain, sentencing argument, and probation plan all influence whether you get that chance.

At Melms Law, we understand that legal matters can arise at times when they are inconvenient. We will explain your options clearly and keep in touch with you throughout the process. If you would like to discuss your case, contact us to schedule a free consultation.