Wisconsin Expungement Laws: How to Clear or Seal a Criminal Record

Wisconsin's adult expungement is narrow. The sentencing judge must decide at the time of sentencing whether the record will be expunged once the sentence is completed. It is available only for people under 25 at the time of the offense, and only for crimes with a maximum prison term of 6 years or less. Expungement clears the court record. Arrest records held by the Department of Justice are removed through a separate request when a person was released without charges or cleared in court. Juvenile court records can be expunged by petition. Pardons from the Governor do not seal records.

Anyone arrested or taken into custody and later released without charges, or cleared of the offense in court, is entitled on request to have the fingerprint record from that arrest removed from Department of Justice records. The request goes to the DOJ Crime Information Bureau.

Expungement is available only if the person was under 25 when the offense was committed and the offense carries a maximum prison term of 6 years or less, which covers misdemeanors. The judge must order it at sentencing, finding that the person will benefit and society will not be harmed. The record is then expunged once the person successfully completes the sentence, meaning no new conviction and, if on probation, no revocation and all conditions satisfied. There is no petition process years later if expungement was not ordered at sentencing.

Felonies qualify only under the same rule: the person was under 25 at the time of the offense, the maximum prison term is 6 years or less, and the judge ordered expungement at sentencing. Class H and Class I felonies cannot be expunged if the person has a prior felony conviction, if the offense is a violent offense, or if it is one of certain listed offenses such as stalking or specified crimes against children.

There is no general clean slate law. When a judge has ordered expungement at sentencing, it takes effect without a new court case after the sentence is completed. The detaining or probation authority issues a certificate of discharge that has the effect of expunging the record. In non-probation, non-incarceration cases, the person files Petition to Expunge Criminal Court Record of Conviction (form CR-266) to trigger the expungement. In probation cases, the Department of Corrections uses form DOC-2678.

Expungement under § 973.015 does not reach conviction information that the Department of Transportation must keep on a person's driving record. The statutes reviewed do not separately say whether a criminal OWI conviction can be expunged from court records.

A person adjudicated delinquent may petition the court to expunge the court record of the adjudication once they are 17 or older and have completed the dispositional order. They must show that expungement will benefit them and that society will not be harmed. The district attorney is asked for a recommendation, and if the DA objects, the court may hold a hearing. Expungement covers only the court's record. Police, Crime Information Bureau, district attorney and social services records are not affected, and the adjudication is not vacated.

Ask the judge to order expungement at sentencing, since that is when eligibility is decided. After the sentence is completed in a non-probation, non-incarceration case, file form CR-266 with the court and send copies to the district attorney. In probation or prison cases, the Department of Corrections certificate of discharge triggers expungement. To remove an arrest record held by the Department of Justice after release without charges or acquittal, submit a written request to the DOJ Crime Information Bureau.

When a conviction is expunged, the certificate of discharge has the effect of expunging the court record. The Governor's office describes expungement as sealing a conviction from public records. Juvenile court expungement removes only the court's record of the adjudication and does not vacate it.

Only the Governor can pardon a Wisconsin conviction. The Governor's Pardon Advisory Board reviews applications and makes recommendations. Eligibility under the current administration: a Wisconsin felony conviction, at least five years since all sentences (including supervision) were completed, no pending charges, and no current sex-offender registration requirement. Misdemeanors are considered only if they were resolved together with the felony. Most applicants get a public hearing, which usually takes at least 18 months. Some older, low-level felonies get expedited review. A pardon restores certain civil rights and relieves some legal disabilities, but it does not seal the record. Public records are updated to show the pardon. Denied applicants may reapply after 18 months. October 5, 2026 is the last day to apply for consideration before Governor Evers' term ends in January 2027.

The Wisconsin Department of Justice keeps adult criminal history records, and anyone may pay a fee to request them online through the Wisconsin Online Record Check System (WORCS) at recordcheck.doj.wi.gov. By statute, each non-fingerprint record check costs $7, plus a $5 surcharge if you want a paper copy of the results. DOJ also publishes resources on reading a criminal record and challenging a criminal history record.