February 13, 2023 - Introduced by Representatives Steffen, Tittl, Goyke, C.
Anderson
, Andraca, Armstrong, Baldeh, Bare, Billings, Brooks, Cabrera,
Clancy, Conley, Considine, Donovan, Doyle, Drake, Edming, Emerson,
Gundrum, Gustafson, Haywood, Hong, Joers, Kitchens, Krug, Macco,
Madison, McGuire, Moore Omokunde, Moses, Mursau, Myers, Novak,
O'Connor, Ohnstad, Ortiz-Velez, Ratcliff, Riemer, Rozar, Schmidt, Schraa,
Shankland, Shelton, Sinicki, Snodgrass, Snyder, Sortwell, Stubbs,
Subeck, Vining, Zimmerman and Jacobson, cosponsored by Senators
Cabral-Guevara, Wimberger, Roys, Felzkowski, James, L. Johnson, Larson,
Spreitzer, Taylor, Wanggaard and Wirch. Referred to Committee on
Criminal Justice and Public Safety.
AB37,1,7 1An Act to renumber 111.335 (3) (a); to renumber and amend 973.015 (1m) (a)
21.; to amend 111.335 (4) (b), 111.335 (4) (c) 1. (intro.), 111.335 (4) (e), 111.335
3(4) (f) 1., 950.04 (1v) (g), 973.015 (1m) (a) 3. a., 973.015 (1m) (b) and 973.25 (1)
4(a); and to create 111.335 (3) (ag), 111.335 (3) (g), 973.015 (1b), 973.015 (1m)
5(a) 1. a. and b., 973.015 (1m) (a) 3. c., cg., cr. and d. and 4., 973.015 (1m) (c) and
6973.015 (4) of the statutes; relating to: expungement of records of certain
7crimes and discrimination based on expunged conviction.
Analysis by the Legislative Reference Bureau
Under current law, a court may order a person's criminal record expunged of a
crime if all of the following apply:
1. The maximum term of imprisonment for the crime is six years or less (Class
H felony and below).
2. The person committed the crime before the age of 25.
3. The person had not been previously convicted of a felony.
4. The crime was not a violent felony.
Current law specifies that the expungement order must be made only at
sentencing and then the record is expunged when the person completes his or her
sentence.
This bill removes the condition that the person committed the crime before the
age of 25. (The bill retains the requirements that the crime be no greater than a Class

H felony, the person had no previous felony convictions, and the crime was not a
violent felony.) The bill makes certain crimes ineligible for expungement, such as
traffic crimes, the crime of violating a domestic abuse restraining order or injunction,
criminal trespass, and criminal damage to a business. The bill also allows the
sentencing court to order that a person's record not be eligible for expungement.
The bill also provides that, if the sentencing court did not order the record
expunged, the person may file a petition with the sentencing court after he or she
completes his or her sentence. Upon receipt of the petition, the court must review
the petition and then may order the record expunged or may deny the petition. If the
court denies the petition, the person may not file another petition for two years. The
person must pay a $100 fee to the county for a second petition, and no person may
file more than two petitions per crime. The bill limits a person to one expungement.
The changes described in this paragraph retroactively apply to persons who were
convicted of a crime before the bill takes effect.
The bill provides that, if a record is expunged of a crime, that crime is not
considered a conviction for employment purposes and specifies that employment
discrimination because of a conviction record includes requesting a person to supply
information regarding a crime if the record has been expunged of the crime. Finally,
the bill provides that it is not employment discrimination because of conviction
record for the Law Enforcement Standards Board to consider a conviction that has
been expunged with respect to applying any standard or requirement for the
certification, decertification, or required training of law enforcement officers, tribal
law enforcement officers, jail officers, and juvenile detention officers.
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:
AB37,1 1Section 1. 111.335 (3) (a) of the statutes is renumbered 111.335 (3) (ar).
AB37,2 2Section 2. 111.335 (3) (ag) of the statutes is created to read:
AB37,3,23 111.335 (3) (ag) 1. Employment discrimination because of conviction record
4includes, but is not limited to, requesting an applicant, employee, member, licensee,
5or any other individual, on an application form or otherwise, to supply information
6regarding a crime the record of which has been expunged under s. 973.015. A request
7to supply information regarding criminal convictions shall not be construed as a

1request to supply information regarding a crime the record of which has been
2expunged under s. 973.015.
AB37,3,83 2. Notwithstanding par. (ar) 1., and except as provided in par. (g), it is
4employment discrimination because of conviction record for an employer or licensing
5agency to engage in any act of employment discrimination specified in s. 111.322 on
6the basis of a conviction the record of which has been expunged under s. 973.015.
7This subdivision does not apply to the extent that its application conflicts with
8federal law.
AB37,3 9Section 3. 111.335 (3) (g) of the statutes is created to read:
AB37,3,1410 111.335 (3) (g) Notwithstanding s. 111.322, it is not employment discrimination
11because of conviction record for the law enforcement standards board to refuse to
12certify, recertify, or allow to participate in a preparatory training program or to
13decertify under s. 165.85 an individual who has a conviction the record of which has
14been expunged under s. 973.015.
AB37,4 15Section 4. 111.335 (4) (b) of the statutes is amended to read:
AB37,3,2016 111.335 (4) (b) It is employment discrimination because of conviction record for
17a licensing agency to refuse to license any individual under sub. (3) (a) (ar) 1. or to
18bar or terminate an individual from licensing under sub. (3) (a) (ar) 1. because the
19individual was adjudicated delinquent under ch. 938 for an offense other than an
20exempt offense.
AB37,5 21Section 5. 111.335 (4) (c) 1. (intro.) of the statutes is amended to read:
AB37,3,2422 111.335 (4) (c) 1. (intro.) If a licensing agency refuses to license an individual
23under sub. (3) (a) (ar) 1. or bars or terminates an individual from licensing under sub.
24(3) (a) (ar) 1., the licensing agency shall, subject to subd. 2., do all of the following:
AB37,6 25Section 6. 111.335 (4) (e) of the statutes is amended to read:
AB37,4,5
1111.335 (4) (e) A state licensing agency that may refuse to license individuals
2under sub. (3) (a) (ar) 1. or that may bar or terminate an individual from licensure
3under sub. (3) (a) (ar) 1. shall publish on the agency's Internet site a document
4indicating the offenses or kinds of offenses that may result in such a refusal, bar, or
5termination.
AB37,7 6Section 7. 111.335 (4) (f) 1. of the statutes is amended to read:
AB37,4,127 111.335 (4) (f) 1. A state licensing agency that may refuse to license individuals
8under sub. (3) (a) (ar) 1. or that may bar or terminate individuals from licensing
9under sub. (3) (a) (ar) 1. shall allow an individual who does not possess a license to,
10without submitting a full application and without paying the fees applicable to
11applicants, apply to the agency for a determination of whether the individual would
12be disqualified from obtaining the license due to his or her conviction record.
AB37,8 13Section 8. 950.04 (1v) (g) of the statutes is amended to read:
AB37,4,1614 950.04 (1v) (g) To have reasonable attempts made to notify the victim of
15hearings or court proceedings, as provided under ss. 302.113 (9g) (g) 2., 302.114 (6),
16938.27 (4m) and (6), 938.273 (2), 971.095 (3) and , 972.14 (3) (b), and 973.015 (1m) (c).
AB37,9 17Section 9. 973.015 (1b) of the statutes is created to read:
AB37,4,1818 973.015 (1b) In this section, “record” means a criminal case file.
AB37,10 19Section 10. 973.015 (1m) (a) 1. of the statutes is renumbered 973.015 (1m) (a)
201. (intro.) and amended to read:
AB37,5,321 973.015 (1m) (a) 1. (intro.) Subject to subd. 2. and except as provided in subd.
223., when a person is under the age of 25 at the time of the commission of an offense
23for which the person has been found guilty in a court for violation of a law for which
24the maximum period of imprisonment is 6 years or less, the
, a court may order at the
25time of sentencing after a conviction that the record a criminal case be expunged

1upon successful completion of the sentence if the court determines the person will
2benefit and society will not be harmed by this disposition.
by one of the following
3methods:
AB37,5,6 4(d) This subsection does not apply to information maintained by the
5department of transportation regarding a conviction that is required to be included
6in a record
kept under s. 343.23 (2) (a).
AB37,11 7Section 11. 973.015 (1m) (a) 1. a. and b. of the statutes are created to read:
AB37,5,128 973.015 (1m) (a) 1. a. Except as provided in subd. 3., the court may order at the
9time of sentencing that the record be expunged upon successful completion of the
10sentence if the court determines that the person has not previously had a record
11expunged under this section and that the person will benefit and society will not be
12harmed by this disposition.
AB37,6,913 b. If at least one year has passed since the person successfully completed his
14or her sentence, the person may file a petition in the county of conviction requesting
15that the record be expunged. Upon receipt of the petition, the court shall review the
16petition to determine if the person is ineligible to petition for expungement because
17subd. 3. or 4. applies, less than one year has passed since the person successfully
18completed his or her sentence, there are criminal charges pending against the
19person, the person has previously had a record expunged under this section, or the
20person has exceeded the maximum number of petitions allowed under this subd. 1.
21b. If the court determines the person is eligible to petition for expungement, the court
22shall forward the petition to the district attorney. If the district attorney requests
23a hearing within 90 days after the court forwards the petition, the court shall
24schedule a hearing to review the petition. If the district attorney waives the hearing
25or at least 90 days have passed since the court forwarded the petition, the court may

1review the petition with or without a hearing. If a hearing is scheduled, then if
2practicable, the sentencing judge shall be the judge to review the petition. The court
3may order that the record be expunged if the court determines the person will benefit
4and society will not be harmed by this disposition. If the court does not order the
5record be expunged under this subd. 1. b., the person may file a 2nd petition under
6this subd. 1. b. only if at least 2 years have passed since he or she filed the first
7petition. No person may file more than 2 petitions per record under this subd. 1. b.
8For a 2nd petition regarding the same record, the person shall pay to the clerk of
9circuit court a $100 fee to be retained for the use of the county.
AB37,12 10Section 12. 973.015 (1m) (a) 3. a. of the statutes is amended to read:
AB37,6,1411 973.015 (1m) (a) 3. a. A Class H felony, if the person has, in his or her lifetime,
12been convicted of a prior felony offense, or if the felony is a violent offense, as defined
13in s. 301.048 (2) (bm), or is a violation of s. 940.32, 948.03 (2), (3), or (5) (a) 1., 2., 3.,
14or 4., or 948.095.
AB37,13 15Section 13. 973.015 (1m) (a) 3. c., cg., cr. and d. and 4. of the statutes are
16created to read:
AB37,6,1817 973.015 (1m) (a) 3. c. A crime for which the maximum period of imprisonment
18is more than 6 years.
AB37,6,2019 cg. A violation of s. 940.32 or 943.14 or, if the court noted in the record that the
20property damaged was a business, a violation of s. 943.01.
AB37,6,2221 cr. A violation of a temporary restraining order or injunction issued under s.
22813.12 (3) or (4).
AB37,6,2323 d. A violation of chs. 341 to 348.
AB37,6,2524 4. The court may order at the time of sentencing that the record is ineligible
25for expungement.
AB37,14
1Section 14. 973.015 (1m) (b) of the statutes is amended to read:
AB37,7,172 973.015 (1m) (b) A For purposes of par. (a), a person has successfully
3completed the sentence if the person has completed all periods of incarceration,
4parole, or extended supervision to which he or she was sentenced; the person has paid
5all fines, costs, fees, surcharges, and restitution assessed and has completed any
6court-ordered community service; the person
has not been convicted of a subsequent
7offense crime; and, if on probation was imposed, the probation has not been revoked
8and the probationer has satisfied the conditions of probation. Upon successful
9completion of the a sentence involving incarceration or probation, the detaining or
10probationary authority shall issue and forward to the court of record a certificate of
11discharge which shall be forwarded to the court of record and which shall have the
12effect of expunging the record
that indicates whether the person successfully
13completed his or her sentence. If the court has ordered the record expunged under
14par. (a) 1. a. or 2. and the person has successfully completed the sentence, the person's
15record shall be expunged as ordered
. If the person has been imprisoned incarcerated,
16the detaining authority shall also forward a copy of the certificate of discharge to the
17department.
AB37,15 18Section 15. 973.015 (1m) (c) of the statutes is created to read:
AB37,8,719 973.015 (1m) (c) Upon receipt of a petition under par. (a) 1. b., the district
20attorney shall make a reasonable attempt to notify the victim, as defined in s. 950.02
21(4), of the petition. In the notice, the district attorney shall inform the victim that
22he or she may waive the hearing requirement and that, if waived, the court may
23review the petition without a hearing. The district attorney shall inform the victim
24of the manner in which he or she may provide written statements concerning the
25petition and, if the victim does not waive the hearing requirement, that he or she may

1appear at the hearing. If the victim waives the hearing requirement, the district
2attorney may inform the court that there is no objection to waiving the hearing
3requirement. Notwithstanding the confidentiality of victim address information
4obtained under s. 302.113 (9g) (g) 3., a district attorney who is required to make a
5reasonable attempt to notify a victim under this paragraph may obtain from the clerk
6of the circuit court the victim address information that the victim provided to the
7clerk under s. 302.113 (9g) (g) 3.
AB37,16 8Section 16. 973.015 (4) of the statutes is created to read:
AB37,8,129 973.015 (4) A record of a crime expunged under this section is not considered
10a conviction for employment purposes or for purposes of the issuance of a license, as
11defined in s. 111.32 (10), by a licensing agency, as defined in s. 111.32 (11). This
12subsection does not apply to the extent that its application conflicts with federal law.
AB37,17 13Section 17. 973.25 (1) (a) of the statutes is amended to read:
AB37,8,1714 973.25 (1) (a) “Certificate of qualification for employment” means a certificate
15issued by the council on offender employment that provides an offender with relief
16from a collateral sanction, except that it does not provide relief from s. 48.685 (5m),
1750.065 (4m), or 111.335 (3) (a) (ar), (b), (c), or (e) or (4) (h) or (i).
AB37,18 18Section 18. Initial applicability.
AB37,8,2319 (1) The treatment of s. 973.015 (1m) (a) 3. a., c., cg., cr., and d. and 4., (b), and
20(c), the renumbering and amendment of s. 973.015 (1m) (a) 1., and the creation of s.
21973.015 (1m) (a) 1. a. and b. first apply to any conviction for which sentencing has
22occurred but for which the record has not been ordered expunged on the effective date
23of this subsection.
AB37,19 24Section 19. Effective date.
AB37,9,2
1(1) This act takes effect on the first day of the 13th month beginning after
2publication.
AB37,9,33 (End)
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