Overview Description

At the time of sentencing, the court can order that the record be expunged upon sentence completion if the maximum sentence for the offense is imprisonment for six years or less and the defendant was under the age of 25 at the time of the offense. Wis. Stat. § 973.015(1m)(a)(1).

Ineligible Category or Citation

Offenses not eligible for expungement are listed in section 973.015(1m)(a)(3).

Procedure General

The court can order the expungement at the time of sentencing if it determines that the person will benefit and society will not be harmed by the expungement. Wis. Stat. § 973.015(1m)(a)(1). For the specific procedure, see Wis. Stat. § 973.015.

Fees

There is no statutory language regarding fees.

Effect

The records expunged by the court are not removed from the state criminal history repository. The conviction is not vacated or set aside.

Section 973.015(1m) does not apply to records maintained by the Department of Transportation pursuant to section 343.23(2)(a). Wis. Stat. § 973.015(1m)(a)(1).

Forms

Waiting Periods

The court can order the expungement at the time of sentencing.

(non-prod server)