Expungements Mean Your Criminal Record In Milwaukee Is Not Forever
A criminal record can follow you for a long time after you’ve served your sentence. That record can mean difficulty finding work and holding certain sensitive positions. However, with the help of an expungements attorney, that record does not have to be long term.
At Laster & Associates, our defense attorneys have extensive experience – over 25 years – of working with the state of Wisconsin. We have helped our clients in Milwaukee get the help they need to seal their records, which can mean an expungement in Wisconsin or considering pursuit of a pardon.
How Do Expungements Help?
An expungement is when the state of Wisconsin removes your criminal record. It no longer shows up on background checks. It is not usable as evidence in another crime. However, not every crime is eligible for expungement, including.
- Felonies higher than Class H
- Violent crimes
- Concealment of the death of a child
- Prior felony convictions
Additionally, anyone convicted of a felony after the age of 25 is not eligible to receive an expungement of their record. Many people meet these requirements, but for those who don’t, there is another option.
Seeking Pardon For A Wisconsin Felony
Pardons are full dismissals of the charges and records against a person. Pardons do not have to happen while someone is behind bars; they can happen well after your release. However, this is not a simple process.
To secure a pardon, you must complete an application, go through a review process and have a hearing to determine if you should receive clemency. The forms and requirements are technical, and proper adherence to the rules is vital for success.
Frequently Asked Questions
This is a complex area of the law, which is why it is important to work with an experienced attorney. Below are a few of the questions we see most often.
Who is eligible for expungement in Wisconsin?
Age is a significant factor, as only people who were under 25 at the time of the offense are eligible for expungement in Wisconsin. Additionally, their conviction can only be for a misdemeanor or a Class H or Class I felony. The court must determine that the expungement will not be a negative factor for society and that the person could benefit from it. They must have completed their sentence to be eligible.
Are all types of crimes eligible for expungement in Wisconsin?
No. Anything that is not a misdemeanor or a Class H or Class I felony is ineligible. For instance, you cannot seek expungement for a violent offense, stalking, sexual or crimes against children. You also cannot seek an expungement if you have a prior felony conviction on your record, so expungement only works for a first offense for a relatively minor crime.
What happens to my criminal record after it’s been expunged?
If an expungement is successful, the record is not erased or deleted. Instead, it is sealed so that it will not show up on a background check, such as one run by a prospective employer. However, the authorities can still access this record and may need to, especially if you are convicted of another offense in the future.
If my record is expunged, will I get my rights back, like the right to own a gun?
Expungement can help you get certain rights back, but it depends on the situation. For instance, if the offense was committed while you were a juvenile and the court believes that you will not be a danger to the public, your firearm rights may be restored as an adult. But it is not a given. For example, if you have a domestic violence charge expunged, you may still be barred from owning a firearm.
We Help Clients Move Forward
When you’re ready to move on to the next part of your life and put your criminal record behind you, we can help. Contact us at 414-973-1945 or send an email using this form.