Wisconsin Pardon/Expungement Process

🧀 Wisconsin Expungement Laws (2026)

⚖️ Does Wisconsin Allow Expungement?

Yes, but Wisconsin’s expungement law is very limited compared to many other states. In most cases, expungement is only available for certain offenses committed before age 25 and only if the judge approved expungement at sentencing.

Wisconsin uses the term “expungement” under state law, but the process is narrower than true record sealing in other states.


📜 Main Wisconsin Expungement Law

🏛️ Wisconsin Statute § 973.015

This is the primary Wisconsin expungement statute.

Under this law, a court may order expungement if:

  • The person was under age 25 when the offense was committed
  • The offense carried a maximum penalty of 6 years or less
  • The judge decided at sentencing that expungement would benefit the person and society
  • The individual successfully completed the sentence

This can include:

✅ Certain misdemeanors
✅ Some low-level felonies
❌ Serious violent offenses generally do not qualify
❌ Sex offenses generally do not qualify


👩‍⚖️ Important Wisconsin Rule

⚠️ Expungement Must Usually Be Granted At Sentencing

In Wisconsin, a judge generally cannot grant expungement later if it was not ordered during sentencing.

That means:

  • If the sentencing judge did not mention expungement
  • Or did not include it in the judgment

…the person often loses the opportunity permanently.

This is one of the strictest parts of Wisconsin law.


✅ What Happens After Successful Expungement?

Once expunged:

  • The court record is removed from public view
  • The case is treated as dismissed for most purposes
  • Many employers and landlords may no longer see the conviction

However:

⚠️ Law enforcement and some government agencies may still access records in limited circumstances.


🚫 What Usually Cannot Be Expunged?

Generally ineligible offenses include:

❌ Serious violent felonies
❌ Most sex crimes
❌ Crimes with penalties exceeding 6 years
❌ Offenses committed after age 25 (with limited exceptions)


🧹 Record Sealing vs. Expungement in Wisconsin

Wisconsin does not have broad adult record sealing laws like some states.

However, some records may be:

  • Removed from the public online database
  • Protected in juvenile cases
  • Cleared through pardon relief

👶 Juvenile Record Expungement

Wisconsin provides broader protections for juvenile records.

Some juvenile records may be:

✅ Sealed
✅ Expunged automatically
✅ Confidential under juvenile court rules

Eligibility depends on:

  • The offense
  • Age
  • Completion of supervision
  • Time since discharge

🕊️ Wisconsin Pardons

👨‍💼 Governor’s Pardon Power

A pardon in Wisconsin is granted by the Governor after recommendation from the pardon advisory process.

A pardon:

  • Does not erase the conviction automatically
  • But may restore rights and improve employment opportunities

In some situations, a pardon can help a person later seek court relief.


📂 Criminal Record Check Law

Wisconsin employers commonly use the state’s public court system:

🖥️ Wisconsin CCAP

The Wisconsin Circuit Court Access system publicly displays many criminal cases online.

Even dismissed charges can sometimes appear unless removed or expunged.


⏳ Waiting Periods

Wisconsin does not use a standard waiting-period system like many states because expungement is generally decided at sentencing.

For pardons, applicants often must wait several years after completing sentence requirements.


📝 How Someone Requests Expungement

If Expungement Was Ordered at Sentencing

After successful completion of the sentence:

  1. The person completes probation/jail requirements
  2. The court verifies completion
  3. The record may then be expunged

In some counties, the process occurs automatically. In others, paperwork may be required.


⚠️ Key Wisconsin Reality

Wisconsin is considered one of the more restrictive states for adult expungement because:

  • Relief is tied heavily to age
  • Judges must approve it early
  • Many adults are permanently excluded

Because of this, defense attorneys in Wisconsin often try to negotiate expungement eligibility during plea and sentencing stages.


📚 Other Relevant Wisconsin Laws

📖 Wisconsin Statute § 938.355

Juvenile court dispositional authority and confidentiality.

📖 Wisconsin Statute § 973.015(1m)

Covers expungement procedures after successful sentence completion.

📖 Wisconsin Constitution Article V, Section 6

Governor’s pardon authority.


🔎 Bottom Line

✅ Wisconsin expungement is possible for:

  • Certain offenses committed before age 25
  • Some misdemeanors and lower-level felonies
  • Individuals granted expungement at sentencing

❌ Wisconsin expungement is usually NOT available for:

  • Most adult convictions after age 25
  • Serious felonies
  • Cases where the judge did not approve expungement initially

People who cannot obtain expungement sometimes pursue:

  • Pardons
  • Juvenile sealing
  • Removal from public databases
  • Federal or employment-rights protections

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