LRB-4831/1
PJH:klm&jld
2015 - 2016 LEGISLATURE
March 21, 2016 - Introduced by Representative Milroy, by request of Director of
State Courts. Referred to Committee on Judiciary.
AB1005,1,5
1An Act to repeal 973.015 (title) and (1m);
to renumber 973.015 (2m);
to
2renumber and amend 973.015 (3);
to amend 301.45 (1p) (a), 301.45 (7) (e) 2.,
3301.45 (7) (e) 3., 452.01 (3p) and 452.01 (4v); and
to create 778.095, 939.76,
4939.77 (title) and 939.77 (2) (a) of the statutes;
relating to: petitions for
5expungement of certain court records.
Analysis by the Legislative Reference Bureau
This bill establishes criteria for expunging certain civil and criminal court
records. Under current law, if a person is convicted of a criminal offense for which the
maximum period of imprisonment is not more than six years and the person
committed the offense before he or she was 25 years old, the court may order, at the
time the person is sentenced, that the person's record of the offense be expunged
when the person completes his or her sentence or any period of probation imposed
for the offense. Current law excludes certain offenses from expungement and
generally requires the court to determine that the person will benefit from, and
society will not be harmed by, expungement.
Under this bill, a person who has been convicted of a criminal offense for which
the maximum period of imprisonment is not more than six years, or who has been
ordered to pay a forfeiture related to a criminal charge, except an offense related to
a violation of a traffic law, may petition the court for an order expunging the record
of his or her offense or forfeiture. The bill retains the requirement that, in order to
be eligible for an order of expungement, the person who is convicted of a crime or
found to have committed a civil offense be under the age of 25 when he or she
committed the offense.
Under the bill, the record of a civil violation may be expunged when the person
has satisfied the judgment against him or her, including paying all costs, fees,
surcharges, and restitution ordered or assessed, and the record of a criminal
conviction may be expunged when the person completes his or her sentence.
A person who was sentenced to imprisonment or placed on probation has
completed his or her sentence if he or she has not been convicted of a subsequent
criminal offense; he or she has completed his or her term of imprisonment or
probation; the detaining or probationary authority has issued a certificate of
discharge; and the person has paid all costs, fees, surcharges, and restitution ordered
or assessed. A person who is not sentenced to a term of imprisonment or placed on
probation has completed his or her sentence if the person provides sufficient proof
to the court that all conditions of his or her sentence have been fulfilled.
Under the bill, if a person was charged with a crime or a violation not related
to a traffic law but the person was acquitted of the charge, the charge was dismissed,
or the conviction or imposition of a forfeiture was reversed, set aside, or vacated, the
person may petition the court at any time to expunge the circuit court record related
to the offense. Under the bill, there is no age limit regarding when the alleged offense
was committed for a person who petitions for expungement on these grounds.
Under the bill, a court may order that the record of the case be expunged if the
court determines that all charges, orders, or judgments against the person are
eligible for expungement, that the person will benefit from, and that society will not
be harmed by, the expungement. The bill requires the clerk of courts to take certain
actions upon receiving an order of expungement, including informing the
Department of Justice that an order of expungement has been entered, removing
electronic records of the case, and sealing the file.
The bill excludes certain violations from expungement, including traffic
violations and certain felonies, if the felony is violent, the person has a history of
violent offenses, or the felony is for stalking or certain crimes against children.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB1005,3,23
301.45
(1p) (a) If a person is covered under sub. (1g) based solely on an order
4that was entered under s. 938.34 (15m) (am) or 973.048 (1m) in connection with a
5delinquency adjudication or a conviction for a violation of s. 942.08 (2) (b), (c), or (d)
6or (3), the person is not required to comply with the reporting requirements under
1this section if the delinquency adjudication is expunged under s. 938.355 (4m) (b) or
2if the conviction is expunged under s.
973.015 (1m) (b) 939.76 or 939.77.
AB1005,2
3Section
2. 301.45 (7) (e) 2. of the statutes is amended to read:
AB1005,3,54
301.45
(7) (e) 2. The department issues a certificate of discharge
under s.
5973.015 (1m) (b) and a court grants expungement pursuant to s. 939.76 or 939.77.
AB1005,3
6Section
3. 301.45 (7) (e) 3. of the statutes is amended to read:
AB1005,3,87
301.45
(7) (e) 3. The department receives a certificate of discharge
issued under
8s. 973.015 (1m) (b) pursuant to s. 939.76 or 939.77 by the detaining authority.
AB1005,4
9Section
4. 452.01 (3p) of the statutes is amended to read:
AB1005,3,1310
452.01
(3p) "Crime" does not include a crime for which the individual has been
11pardoned; a crime for which the conviction has been reversed, set aside, or vacated;
12or a crime for which the conviction has been expunged under s.
973.015 939.76 or
13939.77.
AB1005,5
14Section
5. 452.01 (4v) of the statutes is amended to read:
AB1005,3,1915
452.01
(4v) "Felony" means a felony under the laws of this state or a crime
16committed elsewhere that would be a felony if committed in this state. "Felony" does
17not include a felony for which the applicant has been pardoned; a felony for which
18the conviction has been reversed, set aside, or vacated; or a felony for which the
19conviction has been expunged under s.
973.015 939.76 or 939.77.
AB1005,6
20Section
6. 778.095 of the statutes is created to read:
AB1005,3,23
21778.095 Expungement of circuit court records. (1) Eligibility; acquittal,
22dismissal, or reversal. A person may petition the circuit court for expungement
23under this subsection if any of the following applies:
AB1005,3,2524
(a) The person has been charged with, but acquitted of, a violation for which
25a forfeiture could have been assessed.
AB1005,4,2
1(b) The person has been charged with a violation for which a forfeiture could
2have been assessed, but the charge was dismissed.
AB1005,4,43
(c) The person was found to have committed a violation for which a forfeiture
4could have been assessed, but the finding was reversed, set aside, or vacated.
AB1005,4,8
5(2) Eligibility; civil violations. A person may petition the court for
6expungement under this subsection if, except as provided in sub. (3) or (5), the person
7was found to have committed a violation for which a forfeiture may be assessed and
8the person was under the age of 25 when he or she committed the violation.
AB1005,4,11
9(3) Exceptions. No person may petition the court for expungement of a record
10of a violation of chs. 341 to 348, or a traffic regulation or ordinance in conformity with
11any statute within chs. 341 to 348.
AB1005,4,14
12(4) Procedure of expungement. (a) A person who is eligible to petition for
13expungement of a record under sub. (1) may petition the court for expungement at
14any time.
AB1005,4,2015
(b) A person who is eligible to petition for expungement of a record under sub.
16(2) may petition the court for an order of expungement when the person has satisfied
17the judgment; all costs, fees, and surcharges; and any restitution assessed against
18the person. The clerk of circuit court shall provide a certification that the person has
19paid, in full, the judgment; all costs, fees, and surcharges; and any restitution
20assessed.
AB1005,5,221
(c) A court may order that the record of the case be expunged if the court
22determines that all charges or judgments are eligible for expungement, and that the
23person will benefit from, and that society will not be harmed by, the expungement.
24This paragraph does not apply to information maintained by the department of
1transportation regarding a conviction that is required to be included in a record kept
2under s. 343.23 (2) (a).
AB1005,5,43
(d) Upon receiving an order from the court to expunge a court record, the clerk
4of the court shall do all of the following:
AB1005,5,75
1. If the clerk of the court had informed the department of justice that the
6person had been ordered to pay a forfeiture, inform the department of justice that the
7record is being expunged by order of the court.
AB1005,5,88
2. Treat the record in the manner required by SCR 72.06.
AB1005,5,119
(e) Notwithstanding par. (d) 2., the clerk of court shall allow access to the file
10and the order for expungement to the person who petitioned for expungement and
11to another person with the petitioner's written permission.
AB1005,5,17
12(5) Certain orders of expungement prohibited. A court may expunge the
13record of a charge that was dismissed but was considered by the court at the time the
14court entered the judgment for another civil violation or crime only if the record of
15the other civil violation or crime is expunged under this section or under s. 939.76.
16A petition for expungement of such a charge shall include the name, county, and case
17number of the other civil violation or crime.
AB1005,5,20
18(6) Effect of expungement. An expunged record may not be considered by any
19person in any matter relating to an application for employment or for the rental,
20purchase, or financing of housing.
AB1005,7
21Section
7. 939.76 of the statutes is created to read:
AB1005,5,24
22939.76 Expungement of circuit court records. (1) Eligibility; acquittal,
23dismissal, or reversal. A person may petition the circuit court for expungement
24under this subsection if any of the following applies:
AB1005,5,2525
(a) The person has been charged with, but acquitted of, a crime.
AB1005,6,1
1(b) The person has been charged with a crime, but the charge was dismissed.
AB1005,6,32
(c) The person has been convicted of a crime, but the conviction was reversed,
3set aside, or vacated.
AB1005,6,8
4(2) Eligibility; conviction. A person may petition to have the circuit court
5record of a case expunged under this subsection if, except as provided in subs. (4) and
6(5), the person has been convicted of a crime for which the maximum period of
7imprisonment is 6 years or less and the person was under the age of 25 when he or
8she committed the crime.
AB1005,6,11
9(3) Procedure of expungement. (a) A person who is eligible to petition for
10expungement of a record under sub. (1) may petition the court for expungement at
11any time.
AB1005,6,1412
(b) 1. A person who is eligible to petition for expungement of a record under sub.
13(2) may petition the court for an order that the record be expunged upon successful
14completion of the sentence.
AB1005,6,2415
2. a. A person who is sentenced to a term of imprisonment or who is placed on
16probation has successfully completed his or her sentence if the person has not been
17convicted of a subsequent criminal offense, the person has completed his or her term
18of imprisonment or probation, the detaining or probationary authority has issued a
19certificate of discharge, and the person has paid, in full, the fine; costs, fees, and
20surcharges; and any restitution assessed. If these conditions were met at the time
21the department of corrections or a probationary authority issued its certificate of
22discharge, the department of corrections shall so notify the court. If these conditions
23are satisfied after the person has been discharged from probation, the clerk of circuit
24court shall so notify the court.
AB1005,7,5
1b. A person who is not sentenced to a term of imprisonment or placed on
2probation has successfully completed his or her sentence if the person provides
3sufficient proof to the court that all conditions of his or her sentence have been
4fulfilled. The clerk of circuit court may provide a certification that the person has
5paid, in full, the fine; costs, fees, and surcharges; and any restitution assessed.
AB1005,7,116
(c) Except as provided in sub. (4) or (5), a court may order that the record of the
7case be expunged if the court determines that all charges or convictions are eligible
8for expungement, and that the person will benefit from, and that society will not be
9harmed by, the expungement. This paragraph does not apply to information
10maintained by the department of transportation regarding a conviction that is
11required to be included in a record kept under s. 343.23 (2) (a).
AB1005,7,1312
(d) Upon receiving an order from the court to expunge a court record, the clerk
13of the court shall do all of the following:
AB1005,7,1514
1. Inform the department of justice that the record is being expunged by order
15of the court.
AB1005,7,1616
2. Treat the record in the manner required by SCR 72.06.
AB1005,7,1917
(e) Notwithstanding par. (d) 2., the clerk of court shall allow access to the file
18and the order for expungement to the person who petitioned for expungement or to
19another person with the petitioner's written permission.
AB1005,7,21
20(4) Certain persons may not apply. No person may apply for expungement of
21the following:
AB1005,7,2522
(a) A record of a conviction of a Class H felony, if the person has, in his or her
23lifetime, been convicted of a prior felony offense, or if the felony is a violent offense,
24as defined in s. 301.048 (2) (bm), or is a violation of s. 940.32, 948.03 (2) or (3), or
25948.095.
AB1005,8,3
1(b) A record of a conviction of a Class I felony, if the person has, in his or her
2lifetime, been convicted of a prior felony offense, or if the felony is a violent offense,
3as defined in s. 301.048 (2) (bm), or is a violation of s. 948.23 (1) (a).
AB1005,8,54
(c) A record of a violation of chs. 341 to 348, or a traffic regulation or ordinance
5in conformity with any statute within chs. 341 to 348.
AB1005,8,11
6(5) Certain orders of expungement prohibited, allowed, or required. (a) A
7court may order that a record containing a read-in crime, as defined in s. 973.20 (1g)
8(b), be expunged only if the record of the offense for which the read-in crime was
9considered is expunged under this section. A petition for expungement of such a
10charge shall include the name, county, and case number of the other civil violation
11or crime.
AB1005,8,1312
(b) A court may order that a record containing multiple charges be expunged
13only if the records for all of the charges are expunged under this section.
AB1005,8,1614
(c) A court shall order, upon application, that a record be expunged upon
15successful completion of the sentence if the offense was a violation of s. 942.08 (2) (b),
16(c), or (d), and the person was under the age of 18 when he or she committed it.
AB1005,8,19
17(6) Effect of expungement. (a) An expunged record may not be considered by
18any person in any matter relating to an application for employment or for the rental,
19purchase, or financing of housing.
AB1005,8,2120
(b) Expungement of a record under this section is not a basis for a claim under
21s. 775.05.
AB1005,8
22Section
8. 939.77 (title) of the statutes is created to read:
AB1005,8,23
23939.77 (title)
Expungement; trafficking.
AB1005,9
24Section 9. 939.77 (2) (a) of the statutes is created to read:
AB1005,9,3
1939.77
(2) (a) An expunged record may not be considered by any person in any
2matter relating to an application for employment or for the rental, purchase, or
3financing of housing.
AB1005,11
6Section
11. 973.015 (2m) of the statutes is renumbered 939.77 (1).
AB1005,12
7Section
12. 973.015 (3) of the statutes is renumbered 939.77 (2) (b) and
8amended to read:
AB1005,9,109
939.77
(2) (b)
A special disposition
Expungement of a court record under this
10section is not a basis for a claim under s. 775.05.
AB1005,13
11Section
13.
Initial applicability.