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Wisconsin Order on Petition to Expunge Court Record of Conviction - Non-Probation/Non-Incarceration

State:
Wisconsin
Control #:
WI-SKU-1470
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PDF
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Order on Petition to Expunge Court Record of Conviction - Non-Probation/Non-Incarceration

A Wisconsin Order on Petition to Expunge Court Record of Conviction — Non-Probation/Non-Incarceration is a document filed with the court to seal or destroy the public record of a criminal conviction. This type of petition is for individuals who have not received probation or incarceration for their conviction. There are two types of Wisconsin Order on Petition to Expunge Court Record of Conviction — Non-Probation/Non-Incarceration: one for misdemeanors and one for felonies. The petitioner must provide evidence that they have successfully completed all court-ordered sanctions and have not been convicted of any new offenses since the original conviction. Upon approval, the court will issue an order to seal or destroy the public record of the conviction. This order will help the petitioner by allowing them to avoid the potential negative consequences of having a criminal record.

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FAQ

Wisconsin law permits courts to expunge records in which adjudication of guilt is made. Those circumstances are limited to misdemeanors and certain felonies committed by a person under the age of 25 upon successful completion of the sentence or a juvenile upon reaching the age of 17 and making a request.

If you were not sentenced to jail, prison, or probation and you had to pay a fine or restitution, you must ask the court to expunge the record. Use Circuit Court Form CR-266 to apply. To access the form, visit the Wisconsin Court System Website here: Wisconsin Court System Circuit Court Form.

Police cannot see expunged records. That's because when a court expunges your records, your files are destroyed or returned to you. It's like you never had a criminal record in the first place.

Expungement Does Not Excuse The Need to Disclose Your Offense. It's important to note, the rules for expungement differ from state to state. If you were able to successfully clear your record by having charges expunged in Wisconsin, you are still required to disclose this information when it is requested.

An expungement order only affects whether the conviction is accessible through court records. It does not affect the records kept by other criminal justice agencies. The Crime Information Bureau (CIB), which is part of the Wisconsin Department of Justice, operates the Wisconsin Criminal History Repository.

In general, once a record is expunged, it is meant to be treated as if it never existed. This means that law enforcement agencies should not be able to access or use expunged records in routine investigations or background checks.

A court has no authority to seal records kept by other state agencies. The record is still available from the Wisconsin Crime Information Bureau's (CIB) Wisconsin Online Record Checks System (WORCS). Schools, employers, landlords, and licensing agencies still have access to your expunged record.

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Wisconsin Order on Petition to Expunge Court Record of Conviction - Non-Probation/Non-Incarceration