When you have a criminal record, that can feel like a heavy weight on your shoulders. Even a minor offense can make job searches, housing applications, and professional licensing feel like uphill battles. 

If you’re ready to move forward and regain a sense of normalcy, expungement can help. But how can you expunge a criminal record in Wisconsin? Here is a look at how it works, who qualifies, and what steps you can take.

What Is Expungement?

This process is a legal “reset button” for your record. When your record is expunged, it is removed from public view. In short, most employers, landlords, and the general public will not see it on a background check.

Keep in mind that not every criminal record qualifies for expungement, with adult expungement being extremely limited. Wisconsin law has rules about which offenses are eligible and how long you need to wait before filing a petition.

What Are the Benefits of Expungement?

When you have your record expunged, that can open doors you may have thought were closed:

• Employment: Many employers conduct background checks. Expungement can help you compete fairly for jobs.
• Housing: Landlords may be more willing to approve applications once your record is sealed.
• Professional licensing: Certain licenses or certifications may be easier to obtain with an expunged record.
• Peace of mind: Along with the practical benefits, expungement can give you a sense of closure and allow you to move forward without the stigma of a public record.

While expungement does not erase the past completely, it can provide a fresh start.

Who Can Qualify for Expungement in Wisconsin?

Currently, Wisconsin expungement is very limited and mostly applies to youthful offenders and certain juvenile adjudications. For adult convictions, you generally cannot file a petition after completing a sentence unless the judge specifically granted the possibility of expungement at sentencing.

Dismissed charges or acquittals do not fall under the adult expungement statute. Remember that the removal of non-conviction arrest records is a separate process through the Wisconsin DOJ. 

Since these rules can be confusing, you may want to consult with a Wisconsin criminal defense attorney. They can clarify whether your record might qualify and help you understand the process.

What Are the Steps to Expunge Your Record?

The process of expunging a criminal record may feel complicated and stressful at first but breaking it down can make it much more manageable. The first step is to collect all your case records. This includes:

• Arrest records
• Court documents
• Sentencing information

Because most adult cases cannot be expunged after sentencing, these steps mainly apply if the judge already granted expungement at sentencing or for eligible youthful/juvenile cases.

Next, you will need to file a formal petition for expungement with the court in the county where your case was handled. This petition explains why you qualify for expungement. It also outlines the reasons the court should grant your request.

In many cases for adult convictions, you cannot file this petition independently after sentencing. The process is mostly pre-determined by the judge’s sentencing order.

Why You Need an Attorney 

Expungement may seem like something you can do on your own, but filing incorrectly or missing deadlines can lead to unfavorable consequences. Your Wisconsin criminal defense lawyer can help.

Since Wisconsin expungement is limited, the attorney can clarify whether your case is eligible under current statutes. Also, they can guide you through any separate processes for non-conviction record removal if needed.

When you have someone on your side, that can remove a lot of stress and uncertainty.

We Can Help with the Expungement Process 

Now that you know how to expunge a criminal record in Wisconsin, you can make plans to start the process. If you are considering this option, the first step is to speak with a qualified attorney. 

At Melms Law, we help clients with everything from determining eligibility to filing petitions and making sure records are properly sealed. Schedule a consultation with us today.