2017 - 2018 LEGISLATURE
February 24, 2017 - Introduced by Representatives Sanfelippo, Kleefisch, R.
Brooks, Duchow, Gannon, Born, Skowronski, Edming, Ott, Fields, Tittl,
Krug, C. Taylor and E. Brooks, cosponsored by Senators Vukmir,
Wanggaard, Darling, Harsdorf, Kapenga, Feyen, Risser and L. Taylor.
Referred to Committee on Judiciary.
1An Act to amend
20.625 (1) (g), 950.04 (1v) (g), 973.015 (1m) (a) 1. and 973.015 2
(1m) (b); and to create
973.015 (1m) (a) 3. c. and 973.015 (1m) (c) of the statutes; 3relating to: expungement of certain offenses committed before the age of 25
4and making an appropriation.
Analysis by the Legislative Reference Bureau
Under current law, a court may order that a record be expunged of certain
offenses that a person committed before the age of 25. Current law specifies that the
expungement order must be made only at sentencing and then the record is
expunged when the person completes his or her sentence. This bill eliminates, for
most offenses, the requirement that the sentencing court make the expungement
order and requires instead that such a person may petition the court for
expungement no sooner than one year after completing his or her sentence. Under
this bill, the fee for filing the petition is $100.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
20.625 (1) (g) of the statutes is amended to read:
(g) Sale of materials and services.
All moneys received, other than 2
from state agencies, by circuit courts from the sale of materials or services and under
3s. 973.015 (1m) (a) 1.
, for general program operations of the circuit courts.
950.04 (1v) (g) of the statutes is amended to read:
(g) To have reasonable attempts made to notify the victim of 6
hearings or court proceedings, as provided under ss. 302.113 (9g) (g) 2., 302.114 (6), 7
938.27 (4m) and (6), 938.273 (2), 971.095 (3) and
972.14 (3) (b), and 973.015 (1m) (c)
973.015 (1m) (a) 1. of the statutes is amended to read:
(a) 1. Subject to subd. 2. and except as provided in subd. 3., when,
10if at least one year has passed since
a person is successfully completed the sentence
11for a crime committed when the person was
under the age of 25
at the time of the
12commission of an offense for which the person has been found guilty in a court for
13violation of a law for which the maximum period of imprisonment is 6 years or less,
14and the person has not been convicted of a crime since successfully completing the
15sentence and there are no criminal charges pending against the person, the person
16may file, in each county of conviction, a petition designed by the director of state
17courts requesting that the record of the crime be expunged. The person shall pay to
18the clerk of circuit court a $100 fee for each petition filed. Upon receipt of the petition
the court shall schedule a hearing to review the petition. At the hearing, the court 20
may order at the time of sentencing
that the record be expunged upon successful
21completion of the sentence only if subd. 3. does not apply and
if the court determines 22
the person will benefit and society will not be harmed by this disposition.
This subsection does not apply to information maintained by the 24
department of transportation regarding a conviction that is required to be included 25
in a record kept under s. 343.23 (2) (a).
973.015 (1m) (a) 3. c. of the statutes is created to read:
(a) 3. c. A crime for which the maximum period of imprisonment 3
is more than 6 years.
973.015 (1m) (b) of the statutes is amended to read:
For purposes of par. (a), a
person has successfully 6
completed the sentence if the person has not been convicted of a subsequent offense 7
and, if on probation, the probation has not been revoked and the probationer has 8
satisfied the conditions of probation. Upon successful completion of the sentence,
detaining or probationary authority shall issue a certificate of discharge which that 10
shall be forwarded to the court of record and which shall have the effect of expunging
11the record. If the court has ordered the record expunged under par. (a) 2. and the
12court has been forwarded a certificate of discharge, the person's record shall be
13expunged as ordered. If the court has ordered the record expunged under par. (a) 1.,
14the person's record shall be expunged as ordered
. If the person has been imprisoned, 15
the detaining authority shall also forward a copy of the certificate of discharge to the 16
973.015 (1m) (c) of the statutes is created to read:
(c) 1. In this paragraph, “victim" has the meaning given in s. 19
2. If a person files a petition under par. (a) 1., the clerk of the circuit court in 21
which the petition is filed shall send a copy of the petition and a notice of hearing to 22
the victim of the crime that is the subject of the petition, if the victim has submitted 23
a card under subd. 5. requesting notification.
3. The notice under subd. 2. shall inform the victim that he or she may appear 2
at the hearing scheduled under par. (a) 1. and shall inform the victim of the manner 3
in which he or she may provide written statements concerning the petition.
4. The clerk of the circuit court shall make a reasonable attempt to send a copy 5
of the petition to the last-known address of the victim within 7 days of the date on 6
which the petition is filed and shall make a reasonable attempt to send the notice of 7
hearing to the last-known address of the victim, postmarked at least 10 days before 8
the date of the hearing.
5. The director of state courts shall design and prepare cards for a victim to send 10
to the clerk of the circuit court in which the conviction and sentencing occurred. The 11
cards shall have space for a victim to provide his or her name and address, the name 12
of the applicable person who was convicted, and any other information the director 13
of state courts determines is necessary. The director of state courts shall provide the 14
cards, without charge, to clerks of circuit court. Clerks of circuit court shall provide 15
the cards, without charge, to victims. Victims may send completed cards to the clerk 16
of the circuit court in which the conviction and sentencing occurred. All court records 17
or portions of records that relate to mailing addresses of victims are not subject to 18
inspection or copying under s. 19.35 (1).