How to File for Expungement in Wisconsin
How to apply to clear a criminal record in Wisconsin: the petition, court, fee and fee waiver, and what happens at the hearing.
Short answer: 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. Wis. Stat. §§ 973.015, 165.84(1); Wisconsin Court System form CR-266 summary
| 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. |
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| Arrests and dismissed charges | 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. Source: Wis. Stat. § 165.84(1) |
| Getting a copy of your criminal record | 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. Fees: https://docs.legis.wisconsin.gov/statutes/statutes/165/82 |
Where to get help in Wisconsin
More Wisconsin expungement & criminal records
- Getting a Copy of Your Wisconsin Criminal Record
- Expunging or Sealing a Felony in Wisconsin
- Clearing a DUI From Your Record in Wisconsin
- Sealing or Expunging Juvenile Records in Wisconsin
- All Wisconsin expungement & criminal records rules
FAQ
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.
Can you clear an arrest or dismissed charge in Wisconsin?
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.
How do I check my own criminal record in Wisconsin?
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.
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.