Wisconsin Affidavit in Support of Motion to Order Expungement of Criminal Record

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US-02246BG
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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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FAQ

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.

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.

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.

The bill also allows the sentencing court to order that a person's record not be eligible for expungement. The bill also provides that, if the sentencing court did not order the record expunged, the person may file a petition with the sentencing court after he or she completes his or her sentence.

A Class I felony stays on your record for life. In Wisconsin, a court may expunge your charge if you were under the age of 25, the maximum punishment for the crime was less than 6 years and you successfully completed the terms of your sentence.

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.

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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Wisconsin Affidavit in Support of Motion to Order Expungement of Criminal Record