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Wisconsin Petition for Expungement of Record in Case of Acquittal and Release without Conviction

Category:
Criminal - Petitions
State:
Multi-State
Control #:
US-02243BG
Format:
Word; 
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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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How to fill out Petition For Expungement Of Record In Case Of Acquittal And Release Without Conviction?

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FAQ

Typically, in the state of Wisconsin, a lawyer will help file two forms. Forms CR-266 and CR-267 both apply to expunged records and allow a person to expunge their records. A lawyer will ensure the forms get filled out correctly to help avoid any delays or concerns.

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.

Abuse; child abuse; individual-at-risk; and harassment. [ss. 813.12, 813.122, 813.123, and 813.125, Stats.] A person who is subject to a domestic abuse or child abuse injunction is categorically prohibited from possessing a firearm.

The Wisconsin firearm possession law prohibits a person who has been convicted of a felony from possessing a firearm unless a specific exception applies. The firearm possession statute does not contain an exemption for felony convictions for which the record was expunged.

Some felonies are eligible to be expunged if the defendant was under 25 at the time of conviction, has completed the sentence, and served less than six years in prison. These include charges like drug possession or theft. If the felony was violent or if the defendant has a prior record, charges cannot be expunged.

Will SB 731 Restore Gun Rights? Generally, your gun rights will not be restored even if your criminal records are sealed. In most cases, only a pardon from the governor of California can restore your gun rights.

Class A felony (CF) cases ? 75 years. Class B ? I felony (CF) cases ? 50 years. Forfeiture (FO) cases ? 5 years. Misdemeanor (CM) cases ? 20 years.

Gun rights are restored unless the conviction was for a domestic violence misdemeanor. Those convicted of a felony involving possession of a firearm must receive a pardon for both the underlying felony conviction and the firearm possession conviction in order to regain gun rights.

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