The Myth of Expungement in Wisconsin: A Wisconsin Pardon Attorney Explains How to Actually Get Record Relief in Wisconsin

As a Wisconsin attorney that focuses on obtaining record relief after a conviction occurred, I am often asked about expungement. The problem is that Wisconsin does not have “expungement” in the way the term is used in most other states. If you were already convicted and sentenced it’s already too late. The sentencing judge needed to include an order for expungement. Which is the opposite of most other states where you need to be crime free for certain periods of time before you are eligible to even ask for an expungement. Wisconsin’s expungement statutes are very limited, only allowing a very small number of people to be eligible (most often for people convicted of non-serious crime while under the age of 25 under Wis. Stat. 973.015(1m), and only if the judge included it in the original sentence. This is frustrating news for many people in Wisconsin who want to clear their criminal record! The good news is that depending on your conviction, there may be another way.

Wisconsin Record Relief Through Pardons

If you were convicted of a felony level offense, you may be able to obtain relief through a pardon. There are various requirements including that you cannot be on the sex offender registry, and that you need to remain crime free for 5 years after your sentence is completed or you are discharged from probation. But if you meet all the requirements you can request a pardon which will nullify your felony conviction. When most people ask me about expungement, it as actually a pardon analysis where I steer the conversation because they were neither eligible for Wisconsin stator expungement, nor did their sentencing judge order it. But a pardon will achieve the results most people are looking for when they are asking for an expungement.

Do I Need an Attorney for a Pardon?

You do not need an attorney to ask for a pardon. You are free to apply yourself if you wish. However, the chances of success are much higher with a skilled pardon attorney who will strategize and put forth the best arguments for you to get a pardon. A study conducted on the difference between people who had an attorney representing them in clearing their record versus people who represented themselves showed a difference of 70% success rate for those with an attorney and only 13% for those without. This is a significant difference! Winning the first time is important because if you are denied a pardon application, you need to wait 18 months before re-applying. When it comes to something as important as clearing your criminal record, do you want a do it yourself approach, or to hire a professional?

Conclusion

Wisconsin does not have expungement in the way the term is used in most other states. A pardon is a much wider avenue for record relief that more people are eligible for. If you wish to pursue a pardon, contact Subzero Expungement, Pardons & Appeals for a free consultation. 651-248-5142.