Expunging or Sealing a Felony in Wisconsin
Which felony convictions can be expunged or sealed in Wisconsin, the waiting period, and how to file.
Short answer: 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. Wis. Stat. § 973.015(1m)(a)
| Felony convictions | 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. Source: Wis. Stat. § 973.015(1m)(a) |
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| How to apply | 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. |
| What clearing a record does | 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. The pages reviewed did not explain how employers or landlords may treat expunged records, or the effect on gun rights. Expungement may not change how federal immigration authorities treat a conviction. |
Where to get help in Wisconsin
More Wisconsin expungement & criminal records
- Getting a Copy of Your Wisconsin Criminal Record
- Clearing a DUI From Your Record in Wisconsin
- How to File for Expungement in Wisconsin
- Sealing or Expunging Juvenile Records in Wisconsin
- All Wisconsin expungement & criminal records rules
FAQ
Can a felony be expunged in Wisconsin?
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.
How do you file for expungement in Wisconsin?
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.
What happens after a record is expunged or sealed in Wisconsin?
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.