LRB-1816/1
BF:skg:ks
1995 - 1996 LEGISLATURE
January 30, 1995 - Introduced by Representatives Dobyns, Freese, Ladwig,
Goetsch, Musser, Brandemuehl, Silbaugh, Owens, Seratti, Albers and
Grothman, cosponsored by Senators Buettner and A. Lasee. Referred to
Committee on Criminal Justice and Corrections.
AB70,1,2
1An Act to amend 973.015; and
to create 973.015 (3) of the statutes;
relating
2to: expungement of records of certain misdemeanor offenders.
Analysis by the Legislative Reference Bureau
Under current law, a court may provide that a misdemeanor offender who is
younger than 21 years old at the time of the offense receive a special disposition. If
the defendant successfully completes his or her sentence by not being subsequently
convicted of an offense and, if on probation, by not having his or her probation
revoked. Upon successful completion of the sentence, the probationary authority
(the department of corrections) or the detaining authority forwards a discharge
certificate to the court of record, which has the effect of expunging the record.
Expunging the record involves striking or obliterating the defendant's name and
identity from the record.
Under this bill, the defendant must move the court to have the record expunged.
The defendant must assert that he or she meets the requirements and must notify
the district attorney of the motion. Before any hearing on the motion, the court must
give the district attorney a reasonable amount of time to make a criminal history
record check regarding the defendant. After the hearing, the court must expunge the
record if the defendant meets the requirements for successful completion of sentence.
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:
AB70, s. 1
3Section
1. 973.015 of the statutes is amended to read:
AB70,2,5
4973.015 Misdemeanors, special disposition. (1) When a person is under
5the age of 21 at the time of the commission of an offense for which the person has been
1found guilty in a court for violation of a law for which the maximum penalty is
2imprisonment for one year or less in the county jail, the court may order at the time
3of sentencing that the record be
expunged eligible for expungement under sub. (3) 4upon successful completion of the sentence if the court determines the person will
5benefit and society will not be harmed by this disposition.
AB70,2,11
6(2) A person has successfully completed the sentence if the person has not been
7convicted of a subsequent offense and, if on probation, the probation has not been
8revoked and the probationer has satisfied the conditions of probation. Upon
9successful completion of the sentence the detaining or probationary authority shall
10issue a certificate of discharge which shall be forwarded to the court of record
and
11which shall have the effect of expunging the record.
AB70, s. 2
12Section
2. 973.015 (3) of the statutes is created to read:
AB70,2,1513
973.015
(3) (a) A person who has successfully completed his or her sentence
14under sub. (2) may move the court of record to expunge the record described under
15sub. (1). If the person makes the motion, he or she shall do all of the following:
AB70,2,1716
1. Provide an affidavit swearing that all the requirements under subs. (1) and
17(2) have been met.
AB70,2,1818
2. Notify the district attorney who shall appear at any hearing under par. (b).
AB70,2,2219
(b) The court shall hold a hearing as soon as practicable but shall allow the
20district attorney to conduct a criminal history record search. If the defendant proves
21by a preponderance of the evidence that he or she has met the requirements under
22subs. (1) and (2), the court shall expunge the record described under sub. (1).
AB70,3,2
1(1) This act first applies to records expunged on the effective date of this
2subsection, regardless of the date of the sentencing regarding the misdemeanor.
