Having a criminal record expunged can go a long way in helping you put the past behind you and officially close what was likely a difficult and challenging chapter. But in Wisconsin, as in many states, criminal laws only allow expungement under specific—and limited—circumstances. Below, we explore a few situations that might warrant an erasing of one's criminal records and how to go about doing it.

Wisconsin's Rules for Expungement

The state recognizes just three scenarios in which an expungement can be pursued. If you were under the age of 25 when you committed the crime in question, expungement is a possibility. Those convicted of crimes that carried jail times of six years or less can also seek an expungement. Lastly, a convicted individual who has satisfactorily completed the terms of their sentence has the right to ask the criminal law courts to erase or seal their records.

In some cases, a person might be arrested but never charged with a crime. Or, charges that were initially filed could be dismissed or dropped. In situations like these, the accused individual can also apply to have the arrest removed from their criminal record.

How to Obtain an Expungement

There are precise legal channels to follow to obtain an expungement, and which path you choose will depend upon the details of your arrest and sentence.

• If you've completed your sentence, ask either your probation officer or correctional institution to send a certificate of discharge to the clerk of the circuit court.
• If you received no jail time as part of a conviction, file Form CR-266 with the clerk of the circuit court.
• If you want to expunge your juvenile criminal record, petition the court by submitting Form JD-1780.

Expungement can be a complex and sometimes confusing criminal law matter. Let the attorneys at LaRowe Gerlach Taggart LLP help. With a combined 150 years of experience, they represent Sauk County, Wisconsin-area clients in family and criminal law, estate planning, and probate issues. Call (608) 524-8231 or visit them online to set up a consultation to discuss your case.