AB709: Bill Text

AB709, s. 2 Section 2. 301.45 (7) (e) 2. of the statutes is amended to read:

AB709,2,10 301.45 (7) (e) 2. The department issues a certificate of discharge under s. 973.015 (2) (3).

AB709, s. 3 Section 3. 301.45 (7) (e) 3. of the statutes is amended to read:

AB709,2,15 301.45 (7) (e) 3. The department receives a certificate of discharge issued under s. 973.015 (2) (3) by the detaining authority or, if s. 973.015 (3) does not apply but the requirements of s. 973.015 (1) or (2m) (c) are met, an expungement order issued under s. 973.015 (1) or (2m).

AB709, s. 4 Section 4. 973.015 (1) (a) of the statutes is amended to read:

AB709,3,10 973.015 (1) (a) Subject to par. sub. (2m) (b) and except as provided in par. (c), when if a person is convicted of a felony for which the maximum period of imprisonment is 6 years or less or of a misdemeanor for which the maximum penalty is imprisonment for more than one year in the county jail and the person is under the age of 25 at the time of the commission of an offense for which the person has been found guilty in a court for violation of a law for which the maximum period of imprisonment is 6 years or less the offense, the court may order at the time of sentencing that the record be expunged upon successful completion of the sentence if the court determines the person will benefit and society will not be harmed by this disposition.

AB709,3,13 (7) This subsection section does not apply to information maintained by the department of transportation regarding a conviction that is required to be included in a record kept under s. 343.23 (2) (a).

AB709, s. 5 Section 5. 973.015 (1) (b) of the statutes is renumbered 973.015 (2m) (b) and amended to read:

AB709,3,20 973.015 (2m) (b) The court shall order at the time of sentencing that the record be expunged upon successful completion of the sentence if If the offense misdemeanor was a violation of s. 942.08 (2) (b), (c), or (d), and the person was under the age of 18 when he or she committed it, the court shall order, at the time of sentencing, that the record be expunged if the requirements of par. (c) are met.

AB709, s. 6 Section 6. 973.015 (2) of the statutes is renumbered 973.015 (1) (d) and amended to read:

AB709,3,25 973.015 (1) (d) A person has successfully completed the sentence if the person has not been convicted of a subsequent offense and, if on probation, the probation has not been revoked and the probationer has satisfied the conditions of probation.

AB709,4,6 (3) Upon successful completion of the sentence under sub. (1) or upon meeting the requirements under sub. (2m) (c), whichever is appropriate, the detaining or probationary authority shall issue a certificate of discharge which shall be forwarded to the court of record and which shall have the effect of expunging the record. If the person has been imprisoned, the detaining authority shall also forward a copy of the certificate of discharge to the department.

AB709, s. 7 Section 7. 973.015 (2) (e) of the statutes is created to read:

AB709,4,11 973.015 (2) (e) If, as part of the misdemeanor conviction, a felony was uncharged or dismissed as part of a plea agreement, the felony was not a violent offense, as defined in s. 301.048 (2) (bm) 1., or a sex offense, as defined in s. 301.45 (1d) (b).

AB709, s. 8 Section 8. 973.015 (2m) (a) of the statutes is created to read:

AB709,4,18 973.015 (2m) (a) Subject to par. (b) and sub. (6), if a person is convicted of a misdemeanor for which the maximum penalty is one year or less in the county jail, the court may order, at sentencing, during the sentence, or after the completion of the sentence, that the record be expunged if the requirements of par. (c) are met and if the court determines that the person will benefit and society will not be harmed by this disposition.

AB709, s. 9 Section 9. 973.015 (2m) (c) of the statutes is created to read:

AB709,4,21 973.015 (2m) (c) A person's conviction for a misdemeanor may be expunged through an order entered under par. (a) or (b) if all of the following apply:

AB709,4,22 1. The person has completed the sentence.

AB709,4,24 2. The person has not been convicted of a crime committed after the misdemeanor conviction.

AB709,4,25 3. If on probation, the person has satisfied the conditions of probation.

AB709,5,1 4. At least 2 years have passed since the person's misdemeanor conviction.

AB709,5,4 5. If, as part of the misdemeanor conviction, a felony was uncharged or dismissed as part of a plea agreement, the felony was not a violent offense, as defined in s. 301.048 (2) (bm) 1., or a sex offense, as defined in s. 301.45 (1d) (b).

AB709, s. 10 Section 10. 973.015 (4) and (5) of the statutes are created to read:

AB709,5,9 973.015 (4) If a record of a person's conviction is expunged under this section, the person shall not be subject to any prohibition, disqualification, disability, increased penalty, or other adverse or unfavorable treatment that would otherwise result from the person having been convicted of that offense.

AB709,5,12 (5) (a) 1. Except as provided in subd. 2. and sub. (3), if a record of a conviction is expunged under this section, neither the existence nor the contents of the court's records relating to the misdemeanor may be disclosed to any person.

AB709,5,16 2. Notwithstanding SCR 72.06 (3), the existence and contents of a court record that is expunged under this section may be disclosed to the person who was convicted or, if authorized by the person who was convicted, to an attorney representing the person who was convicted.

AB709,5,20 (b) Within 45 days after a conviction is expunged under this section, the clerk of the court of record shall ensure that all records and data relating to the offence, with the exception of a notation "Expungement," are removed from the automated information systems under s. 758.19 (4).

AB709,5,22 (c) When a conviction is expunged under this section, the clerk of the court of record shall ensure that public notice of the expungement is provided.

AB709, s. 11 Section 11. 973.015 (6) of the statutes is created to read:

AB709,5,25 973.015 (6) Subsection (2m) applies to a person who has already been the subject of an order entered under sub. (2m) only if all of the following apply:

AB709,6,2 (a) The order related to an offense that could have been joined under s. 971.12 (1) with the present offense.

AB709,6,5 (b) The record of the offense to which the order related has been expunged or the person remains eligible for expungement regarding that offense under sub. (2m) (c).

AB709, s. 12 Section 12. Effective date.

AB709,6,8 (1) This act takes effect on September 30, 2013, or on the day after publication, whichever is later.

AB709,6,9 (End)