LRB-0898/1
GMM:wlj&jlg.:ijs
1999 - 2000 LEGISLATURE
February 4, 1999 - Introduced by Representatives Goetsch, Gunderson, Walker,
Owens, Brandemuehl, Hahn, Albers, Sykora, Nass, Vrakas, Ziegelbauer,
Spillner and La Fave, cosponsored by Senator Fitzgerald. Referred to
Committee on Criminal Justice.
AB86,1,3
1An Act to renumber and amend 938.355 (4m) of the statutes;
relating to:
2expungement of the juvenile court's record of a person's delinquency
3adjudication.
Analysis by the Legislative Reference Bureau
Under current law, a person who has been adjudicated delinquent may, on
attaining 17 years of age, petition the court assigned to exercise jurisdiction under
the juvenile justice code (juvenile court) to expunge the juvenile court's record of the
person's delinquency adjudication. The juvenile court may expunge that record if the
juvenile court determines that the person has satisfactorily complied with the
conditions of his or her dispositional order and that the person will benefit and
society will not be harmed by the expungement.
This bill raises to 21 the age at which a person who has committed a delinquent
act that would be a felony if committed by an adult may petition the juvenile court
for expungement of his or her juvenile court record. The bill also requires that, before
the juvenile court may expunge a person's juvenile court record of an adjudication
for committing an act that would be a felony if committed by an adult, the juvenile
court must determine that the person has not been sanctioned for violating a
condition of his or her dispositional order, that the person has not been adjudicated
delinquent for committing an act that would be a felony if committed by an adult,
that the person has not been convicted for committing a felony since the date of the
dispositional order and that the person will benefit and society will not be harmed
by the expungement.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB86, s. 1
1Section
1. 938.355 (4m) of the statutes is renumbered 938.355 (4m) (a) and
2amended to read:
AB86,2,103
938.355
(4m) (a) A
juvenile person who has been adjudged delinquent
for
4committing an act that would be a misdemeanor if committed by an adult may, on
5attaining 17 years of age, petition the court to expunge the court's record of the
6juvenile's person's adjudication.
The court may expunge the court's record of the
7person's adjudication for committing an act that would be a misdemeanor if
8committed by an adult if the court determines that the person has satisfactorily
9complied with the conditions of the person's dispositional order and that the person
10will benefit and society will not be harmed by the expungement.
AB86,2,21
11(b) A person who has been adjudged delinquent for committing an act that
12would be a felony if committed by an adult may, on attaining 21 years of age, petition
13the court to expunge the court's record of the person's adjudication. The court may
14expunge the court's record of the
juvenile's person's adjudication
for committing an
15act that would be a felony if committed by an adult if the court determines that the
16juvenile person has
satisfactorily complied with the conditions not been sanctioned
17under s. 48.355 (6) (a), 1993 stats., or s. 938.355 (6) (a) for violating a condition of his
18or her dispositional order
, that the person has not been adjudicated delinquent for
19committing an act that would be a felony if committed by an adult and has not been
20convicted for committing a felony since the date of the dispositional order and that
21the
juvenile person will benefit and society will not be harmed by the expungement.
AB86,3,52
(1) This act first applies to petitions for expungement filed under section
3938.355 (4m) of the statutes, as affected by this act, on the effective date of this
4subsection and does not preclude the expungement of a record of a delinquency
5adjudication made before the effective date of this subsection.
