LRB-1894/2
GMM:kaf:kat
1997 - 1998 LEGISLATURE
February 18, 1997 - Introduced by Representatives Goetsch, Wood, Ladwig, M.
Lehman, Porter, F. Lasee, Seratti, Owens, Grothman, Hahn, Ziegelbauer,
Musser, Brandemuehl, Ainsworth, Nass, Olsen and Ott, cosponsored by
Senators Welch, Fitzgerald, Weeden and Rosenzweig. Referred to
Committee on Criminal Justice and Corrections.
AB103,1,2
1An Act to amend 938.355 (4m) of the statutes;
relating to: expungement of the
2juvenile court's record of a person's delinquency adjudication.
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 25 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 changes the determination that the juvenile court must make
before the court may expunge a person's juvenile court record from determining that
the person has satisfactorily complied with the conditions of his or her dispositional
order to determining that the person has not been sanctioned for violating a
condition of his or her dispositional order.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB103, s. 1
3Section
1. 938.355 (4m) of the statutes is amended to read:
AB103,2,11
1938.355
(4m) Expungement of record. A
juvenile person who has been
2adjudged delinquent
for committing an act that would be a misdemeanor if
3committed by an adult may, on attaining 17 years of age, petition the court to
4expunge the court's record of the
juvenile's person's adjudication.
A person who has
5been adjudged delinquent for committing an act that would be a felony if committed
6by an adult may, on attaining 25 years of age, petition the court to expunge the court's
7record of the person's adjudication. The court may expunge the court's record of the
8juvenile's person's adjudication if the court determines that the
juvenile person has
9satisfactorily complied with the conditions not been sanctioned under s. 938.355 (6)
10(a) for violating a condition of his or her dispositional order and that the
juvenile 11person will benefit and society will not be harmed by the expungement.
