CMH&MED:cdc
2019 - 2020 LEGISLATURE
February 15, 2019 - Introduced by Senators Darling, Risser, L. Taylor, Bernier,
Carpenter, Feyen, Johnson, Larson, Olsen, Petrowski, Ringhand,
Schachtner, Smith, Testin, Tiffany, Wanggaard and Wirch, cosponsored by
Representatives Steffen, Goyke, Allen, Anderson, Billings, Bowen,
Brooks, Brostoff, Cabrera, Considine, Crowley, Doyle, Edming,
Felzkowski, Fields, Gundrum, Haywood, Hintz, Kerkman, Kolste, Krug,
Kulp, Loudenbeck, Mursau, Myers, Novak, Nygren, Ohnstad, Petryk,
Plumer, Pope, Pronschinske, Quinn, Ramthun, Riemer, Rohrkaste, Sargent,
Schraa, Sinicki, Skowronski, Snyder, Sortwell, Spiros, Spreitzer, Stubbs,
Subeck, Tauchen, C. Taylor, Thiesfeldt, Tittl, Vining, Vruwink, Zamarripa
and Zimmerman. Referred to Committee on Judiciary and Public Safety.
SB39,1,6 1An Act to renumber 111.335 (3) (a); to renumber and amend 973.015 (1m) (a)
21.; to amend 111.335 (4) (b), 111.335 (4) (c) 1. (intro.), 111.335 (4) (e), 111.335
3(4) (f) 1., 950.04 (1v) (g) and 973.015 (1m) (b); and to create 111.335 (3) (ag),
4973.015 (1m) (a) 1. a. and b., 973.015 (1m) (a) 3. c. and d. and 4., 973.015 (1m)
5(c) and 973.015 (4) of the statutes; relating to: expungement of records of
6certain crimes.
Analysis by the Legislative Reference Bureau
Under current law, a court may order a person's criminal record expunged of a
crime for which the maximum term of imprisonment is six years or less (Class H
felony and below) if the person committed that crime before the age of 25, the person
had not been previously convicted of a felony, and the crime was not a violent felony.
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 removes the condition that the person committed the crime before the
age of 25 (the bill retains the requirements that the crime be no greater than a Class
H felony, the person had no previous felony convictions, and the crime was not a
violent felony) and makes certain traffic crimes ineligible for expungement. This bill
also provides that, if the sentencing court did not order the record expunged, the
person may file a petition with the sentencing court after he or she completes his or
her sentence. Upon receipt of the petition, the court must review the petition and

then may order the record expunged or may deny the petition. If the court denies the
petition, the person may not file another petition for two years, and no person may
file more than two petitions per crime. The changes described in this paragraph
retroactively apply to persons who were convicted of a crime before this bill takes
effect.
This bill also allows the sentencing court to order that a person's record not be
eligible for expungement. This bill provides that, if a record is expunged of a crime,
that crime is not considered a conviction for employment purposes and specifies that
employment discrimination because of a conviction record includes requesting a
person to supply information regarding a crime if the record has been expunged of
the crime.
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:
SB39,1 1Section 1 . 111.335 (3) (a) of the statutes is renumbered 111.335 (3) (ar).
SB39,2 2Section 2 . 111.335 (3) (ag) of the statutes is created to read:
SB39,2,93 111.335 (3) (ag) Employment discrimination because of conviction record
4includes, but is not limited to, requesting an applicant, employee, member, licensee,
5or any other individual, on an application form or otherwise, to supply information
6regarding a crime the record of which has been expunged under s. 973.015. A request
7to supply information regarding criminal convictions shall not be construed as a
8request to supply information regarding a crime the record of which has been
9expunged under s. 973.015.
SB39,3 10Section 3 . 111.335 (4) (b) of the statutes is amended to read:
SB39,2,1511 111.335 (4) (b) It is employment discrimination because of conviction record for
12a licensing agency to refuse to license any individual under sub. (3) (a) (ar) 1. or to
13bar or terminate an individual from licensing under sub. (3) (a) (ar) 1. because the
14individual was adjudicated delinquent under ch. 938 for an offense other than an
15exempt offense.
SB39,4
1Section 4. 111.335 (4) (c) 1. (intro.) of the statutes is amended to read:
SB39,3,42 111.335 (4) (c) 1. (intro.) If a licensing agency refuses to license an individual
3under sub. (3) (a) (ar) 1. or bars or terminates an individual from licensing under sub.
4(3) (a) (ar) 1., the licensing agency shall, subject to subd. 2., do all of the following:
SB39,5 5Section 5 . 111.335 (4) (e) of the statutes is amended to read:
SB39,3,106 111.335 (4) (e) A state licensing agency that may refuse to license individuals
7under sub. (3) (a) (ar) 1. or that may bar or terminate an individual from licensure
8under sub. (3) (a) (ar) 1. shall publish on the agency's Internet site a document
9indicating the offenses or kinds of offenses that may result in such a refusal, bar, or
10termination.
SB39,6 11Section 6 . 111.335 (4) (f) 1. of the statutes is amended to read:
SB39,3,1712 111.335 (4) (f) 1. A state licensing agency that may refuse to license individuals
13under sub. (3) (a) (ar) 1. or that may bar or terminate individuals from licensing
14under sub. (3) (a) (ar) 1. shall allow an individual who does not possess a license to,
15without submitting a full application and without paying the fees applicable to
16applicants, apply to the agency for a determination of whether the individual would
17be disqualified from obtaining the license due to his or her conviction record.
SB39,7 18Section 7 . 950.04 (1v) (g) of the statutes is amended to read:
SB39,3,2119 950.04 (1v) (g) To have reasonable attempts made to notify the victim of
20hearings or court proceedings, as provided under ss. 302.113 (9g) (g) 2., 302.114 (6),
21938.27 (4m) and (6), 938.273 (2), 971.095 (3) and , 972.14 (3) (b), and 973.015 (1m) (c).
SB39,8 22Section 8. 973.015 (1m) (a) 1. of the statutes is renumbered 973.015 (1m) (a)
231. (intro.) and amended to read:
SB39,4,624 973.015 (1m) (a) 1. (intro.) Subject to subd. 2. and except as provided in subd.
253., when a person is under the age of 25 at the time of the commission of an offense

1for which the person has been found guilty in a court for violation of a law for which
2the maximum period of imprisonment is 6 years or less, the
, a court may order at the
3time of sentencing after a conviction that the record a criminal case be expunged
4upon successful completion of the sentence if the court determines the person will
5benefit and society will not be harmed by this disposition.
by one of the following
6methods:
SB39,4,9 7(d) This subsection does not apply to information maintained by the
8department of transportation regarding a conviction that is required to be included
9in a record kept under s. 343.23 (2) (a).
SB39,9 10Section 9. 973.015 (1m) (a) 1. a. and b. of the statutes are created to read:
SB39,4,1411 973.015 (1m) (a) 1. a. Except as provided in subd. 3., the court may order at the
12time of sentencing that the record be expunged upon successful completion of the
13sentence if the court determines that person will benefit and society will not be
14harmed by this disposition.
SB39,5,1015 b. If at least one year has passed since the person successfully completed his
16or her sentence, the person may file a petition in the county of conviction requesting
17that the record be expunged. Upon receipt of the petition, the court shall review the
18petition to determine if the person is ineligible to petition for expungement because
19subd. 3. or 4. applies, less than one year has passed since the person successfully
20completed his or her sentence, there are criminal charges pending against the
21person, or the person has exceeded the maximum number of petitions allowed under
22this subd. 1. b. If the court determines the person is eligible to petition for
23expungement, the court shall forward the petition to the district attorney. If the
24district attorney requests a hearing within 90 days after the court forwards the
25petition, the court shall schedule a hearing to review the petition. If the district

1attorney waives the hearing or at least 90 days have passed since the court forwarded
2the petition, the court may review the petition with or without a hearing. If a hearing
3is scheduled, then if practicable, the sentencing judge shall be the judge to review the
4petition. The court may order that the record be expunged if the court determines
5the person will benefit and society will not be harmed by this disposition. If the court
6does not order the record be expunged under this subd. 1. b., the person may file a
72nd petition under this subd. 1. b. only if at least 2 years have passed since he or she
8filed the first petition. No person may file more than 2 petitions per record under this
9subd. 1. b. For a 2nd petition regarding the same record, the person shall pay to the
10clerk of circuit court a $100 fee.
SB39,10 11Section 10. 973.015 (1m) (a) 3. c. and d. and 4. of the statutes are created to
12read:
SB39,5,1413 973.015 (1m) (a) 3. c. A crime for which the maximum period of imprisonment
14is more than 6 years.
SB39,5,1515 d. A violation of chs. 341 to 348.
SB39,5,1716 4. The court may order at the time of sentencing that the record is ineligible
17for expungement.
SB39,11 18Section 11. 973.015 (1m) (b) of the statutes is amended to read:
SB39,6,919 973.015 (1m) (b) A For purposes of par. (a), a person has successfully
20completed the sentence if the person has completed all periods of incarceration,
21parole, or extended supervision to which he or she was sentenced; the person has paid
22all fines, costs, fees, surcharges, and restitution assessed and has completed any
23court-ordered community service; the person
has not been convicted of a subsequent
24offense crime; and, if on probation was imposed, the probation has not been revoked
25and the probationer has satisfied the conditions of probation. Upon successful

1completion of the a sentence involving incarceration or probation, the detaining or
2probationary authority shall issue and forward to the court of record a certificate of
3discharge which shall be forwarded to the court of record and which shall have the
4effect of expunging the record
that indicates whether the person successfully
5completed his or her sentence. If the court has ordered the record expunged under
6par. (a) 1. a. or 2. and the person has successfully completed the sentence, the person's
7record shall be expunged as ordered
. If the person has been imprisoned incarcerated,
8the detaining authority shall also forward a copy of the certificate of discharge to the
9department.
SB39,12 10Section 12 . 973.015 (1m) (c) of the statutes is created to read:
SB39,6,2411 973.015 (1m) (c) Upon receipt of a petition under par. (a) 1. b., the district
12attorney shall make a reasonable attempt to notify the victim, as defined under s.
13950.02 (4), of the petition. In the notice, the district attorney shall inform the victim
14that he or she may waive the hearing requirement and that, if waived, the court may
15review the petition without a hearing. The district attorney shall inform the victim
16of the manner in which he or she may provide written statements concerning the
17petition and, if the victim does not waive the hearing requirement, that he or she may
18appear at the hearing. If the victim waives the hearing requirement, the district
19attorney may inform the court that there is no objection to waiving the hearing
20requirement. Notwithstanding the confidentiality of victim address information
21obtained under s. 302.113 (9g) (g) 3., a district attorney who is required to make a
22reasonable attempt to notify a victim under this paragraph may obtain from the clerk
23of the circuit court the victim address information that the victim provided to the
24clerk under s. 302.113 (9g) (g) 3.
SB39,13 25Section 13 . 973.015 (4) of the statutes is created to read:
SB39,7,2
1973.015 (4) A record of a crime expunged under this section is not considered
2a conviction for employment purposes.
SB39,14 3Section 14 . Initial applicability.
SB39,7,64 (1) This act first applies to any conviction for which sentencing has occurred
5but for which the record has not been ordered expunged on the effective date of this
6subsection.
SB39,15 7Section 15 . Effective date.
SB39,7,98 (1) This act takes effect on the first day of the 13th month beginning after
9publication.
SB39,7,1010 (End)
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