Clear my criminal record

Part 2: Expungement

In some, very limited scenarios, a Wisconsin court can seal off a conviction record. The legal term for this is called “expungement” or “expunction.” One way to remember the term is that “expungement” sounds like it is a derivative of “sponge” and a sponge is used to wipe things away.

Just how “sponge-y” is “expungement”? Not very. Expungement is a judicial remedy available only in following three situations:

Situation 1. You were under the age of 25 at the time you committed the crime, the crime carried a maximum period of imprisonment of six years or less (e.g., misdemeanors and non-violent felonies), and you successfully completed the terms of your sentence. You’ve successfully completed the terms of your sentence if you managed not to get convicted of a subsequent offense, your probation is not revoked, and you’ve satisfied the conditions of your probation. Plus, it is on you to request expungement at the time of your sentencing.

Situation 2. Expungement is also available to folks victimized by sex trafficking. That is, if you were convicted of a crime—prostitution, for example—that resulted from being the captive of a sex trafficker, then you could be eligible for expungement.

Situation 3. If you were ever declared by a court to be a juvenile delinquent, then you are eligible to have the record of that delinquency expunged. You can apply for expungement in this situation once you reach the age of 17.

If you don’t fit into any of the three scenarios above, then your conviction stays on record. That’s expungement. Read my next post to find out more on the pros and cons of expungement.