2005 - 2006 LEGISLATURE
April 4, 2005 - Introduced by Representatives Gielow, Kessler, Grigsby, Fields,
Toles, Benedict, Turner, Pocan, Colon, Nischke, A. Williams
and Berceau,
cosponsored by Senators Taylor and Coggs. Referred to Committee on
Corrections and the Courts.
AB280,1,3 1An Act to renumber and amend 973.015 (1) and 973.015 (2); to amend 301.45
2(7) (e) 2. and 301.45 (7) (e) 3.; to repeal and recreate 973.015 (title); and to
973.015 (3) of the statutes; relating to: expungement of misdemeanors.
Analysis by the Legislative Reference Bureau
Under current law, if a person commits a misdemeanor (which, in general, is
a crime for which a person may be imprisoned for no more than one year) before he
or she reaches the age of 21, a court may order that the court's record regarding the
offense be expunged upon the offender's successful completion of his or her sentence.
(A person successfully completes a sentence if he or she is not convicted of a
subsequent offense and, if the person is placed on probation, he or she complies with
any conditions of probation.) The court may enter such an order only at the time of
sentencing and only if it finds that expunging the record will benefit the person and
will not harm society.
This bill makes this expungement option available for all offenders, regardless
of their age at the time of the offense. In addition, under the bill, a court may enter
an order authorizing expungement at any time during or after the 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:
AB280, s. 1
1Section 1. 301.45 (7) (e) 2. of the statutes is amended to read:
AB280,2,32 301.45 (7) (e) 2. The department issues a certificate of discharge under s.
3973.015 (2) (2m) (c).
AB280, s. 2 4Section 2. 301.45 (7) (e) 3. of the statutes is amended to read:
AB280,2,65 301.45 (7) (e) 3. The department receives a certificate of discharge issued or
6expungement order
under s. 973.015 (2) by the detaining authority (4).
AB280, s. 3 7Section 3. 973.015 (title) of the statutes is repealed and recreated to read:
AB280,2,8 8973.015 (title) Expungement of misdemeanors.
AB280, s. 4 9Section 4. 973.015 (1) of the statutes, as affected by 2003 Wisconsin Act 33,
10is renumbered 973.015 (2m), and 973.015 (2m) (a), as renumbered, is amended to
AB280,2,1812 973.015 (2m) (a) Subject to par. (b), when if a person is under the age of 21 at
13the time of the commission
convicted of an offense for which the person has been
14found guilty in a court for violation of a law
for which the maximum penalty is
15imprisonment for one year or less in the county jail, the court may order at the time
16of sentencing or at any other time that the record be expunged upon successful
17completion of the sentence if the court determines the person will benefit and society
18will not be harmed by this disposition.
AB280,2,21 19(5) This subsection section does not apply to information maintained by the
20department of transportation regarding a conviction that is required to be included
21in a record kept under s. 343.23 (2) (a).
AB280, s. 5 22Section 5. 973.015 (2) of the statutes is renumbered 973.015 (1m) and
23amended to read:
AB280,3,324 973.015 (1m) A person has successfully completed the sentence if the In this
25section, "successfully completes the sentence" means that a
person has not been

1convicted of a subsequent offense and, if on probation, the probation has not been
2revoked and the probationer
has satisfied the conditions of probation. Upon
3successful completion of the
AB280,3,8 4(2m) (c) If a person who is the subject of an order under par. (a) or (b)
5successfully completes the
sentence, the detaining or probationary authority shall
6issue a certificate of discharge which shall be forwarded to the court of record and
7which shall have the effect of expunging the record. If the person has been
8imprisoned, the detaining authority
AB280,3,14 9(4) Upon receiving a certificate of discharge for a person who is subject to an
10order under sub. (2m) or upon the entry of an expungement order under sub. (3), the
11clerk of circuit court shall notify the department of justice of the expungement. The
12clerk of circuit court
shall also forward a copy of the any certificate of discharge not
13issued by the department of corrections and any expungement order
to the
14department of corrections.
AB280, s. 6 15Section 6. 973.015 (3) of the statutes is created to read:
AB280,3,2116 973.015 (3) If a person is convicted of an offense for which the maximum
17penalty is imprisonment for one year or less in the county jail and the person
18successfully completes the sentence, the court may order at any time thereafter that
19the record be expunged if it determines the person will benefit and society will not
20be harmed by this disposition. The detaining or probationary authority shall notify
21the court, upon request, whether a person successfully completed his or her sentence.
AB280, s. 7 22Section 7. Effective date.
AB280,3,2423 (1) This act takes effect on September 30, 2005, or the day after publication,
24whichever is later.
AB280,3,2525 (End)