Wisconsin Motion for New Trial for Purpose of Expunging Criminal Record

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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

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.

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.

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.

(Wis. Stat. § 939.50.) As with all felonies, Class E violations can never be expunged from your criminal record.

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.

Wisconsin offers expungement of conviction records. Expungement seals your court-record file, but does not restore rights lost due to felony convictions.

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.

Eligibility for Expungement in Wisconsin Conviction was for a misdemeanor or nonviolent felony. You were under 25 years of age at sentencing. Sentence was successfully completed. At sentencing, the court decided to expunge.

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Wisconsin Motion for New Trial for Purpose of Expunging Criminal Record