SB613: Bill Text

SB613,9,18 (e) A conviction or adjudication of delinquency that has been expunged, sealed, annulled, set aside, or otherwise vacated by a court of competent jurisdiction of another state or the United States on grounds of rehabilitation or good behavior, or for which civil rights were restored pursuant to statute, has the same effect for purposes of authorizing, imposing, and relieving collateral consequences in this state as it has in the jurisdiction of conviction or adjudication, except that vacation or restoration of civil rights does not relieve collateral consequences applicable under the law of this state for which relief could not be granted under sub. (12), or for which relief was expressly withheld by the court order or by the law of the jurisdiction that vacated the conviction or adjudication. An individual convicted or adjudicated delinquent in another jurisdiction may seek relief under sub. (10) or (11) from any collateral consequence for which relief was not granted in the issuing jurisdiction, other than those listed in sub. (12), and the court shall consider that the conviction or adjudication was vacated or civil rights restored in deciding whether to issue an order of limited relief or certificate of restoration of rights.

SB613,9,25 (f) A charge or prosecution in any jurisdiction that has been finally terminated without a judgment of conviction or adjudication of delinquency and imposition of sentence based on participation in a deferred prosecution or diversion program may not serve as the basis for authorizing or imposing a collateral consequence in this state. This paragraph does not affect the validity of any restrictions or conditions imposed by law as part of participation in the deferred prosecution or diversion program, either before or after the termination of the charge or prosecution.

SB613,10,4 (10) Order of limited relief. (a) An individual convicted of or adjudicated delinquent for an offense may petition for an order of limited relief from one or more collateral sanctions related to employment, education, housing, public benefits, or occupational licensing. The petition may be presented to any of the following:

SB613,10,5 1. The sentencing court at or before sentencing.

SB613,10,7 2. The court for the county where the individual resides at any time after sentencing.

SB613,10,13 (b) Except as otherwise provided in sub. (12) the court may issue an order of limited relief relieving one or more of the collateral sanctions described in par. (a) if, after reviewing the record, including the individual's criminal history, any filing by a prosecutor or victim under sub. (16), and any other relevant evidence, it finds the individual has established by a preponderance of the evidence that all of the following are true:

SB613,10,16 1. Granting the petition will materially assist the individual in obtaining or maintaining employment, education, housing, public benefits, or occupational licensing.

SB613,10,18 2. The individual has substantial need for the relief requested in order to live a law-abiding life.

SB613,10,20 3. Granting the petition would not pose an unreasonable risk to the safety or welfare of the public or any individual.

SB613,10,22 (c) The court may consider the conduct underlying a conviction or adjudication of delinquency in the same manner as provided in sub. (8).

SB613,10,23 (d) The order of limited relief must specify:

SB613,10,24 1. The particular collateral sanction from which relief is granted.

SB613,10,25 2. Any restrictions imposed pursuant to sub. (14).

SB613,11,2 (e) Issuance of an order of limited relief relieves a collateral sanction to the extent provided in the order.

SB613,11,9 (11) Certificate of restoration of rights. (a) An individual convicted of or adjudicated delinquent for an offense may petition the court for the county where he or she resides for a certificate of restoration of rights relieving collateral sanctions not sooner than 3 years after the individual's most recent conviction of or adjudication for a felony or misdemeanor in any jurisdiction, or not sooner than 3 years after the individual's release from confinement pursuant to a criminal sentence in any jurisdiction, whichever is later.

SB613,11,14 (b) Except as otherwise provided in sub. (12), the court may issue a certificate of restoration of rights if after reviewing the record, including the individual's criminal history, any filing by a prosecutor or victim under sub. (16), and any other relevant evidence, it finds the individual has established by a preponderance of the evidence that all of the following are true:

SB613,11,17 1. The individual is engaged in, or seeking to engage in, a lawful occupation or activity, including employment, training, education, or rehabilitative programs, or the individual otherwise has a lawful source of support.

SB613,11,19 2. The individual is not in violation of the terms of any criminal sentence, or that any failure to comply is justified, excused, involuntary, or insubstantial.

SB613,11,20 3. No criminal charges are pending against the individual.

SB613,11,22 4. Granting the petition would not pose an unreasonable risk to the safety or welfare of the public or any individual.

SB613,11,24 (c) A certificate of restoration of rights must specify any restrictions imposed and collateral sanctions from which relief has not been granted under sub. (14).

SB613,12,4 (d) Issuance of a certificate of restoration of rights relieves all collateral sanctions, except those listed in sub. (12) and any others specifically excluded in the certificate. The court may consider the conduct underlying the conviction or adjudication or delinquency in the same manner as provided in sub. (8).

SB613,12,8 (12) Collateral sanctions not subject to order of limited relief or certificate of restoration of rights. An order of limited relief or certificate of restoration of rights issued under sub. (10) or (11) may not be issued to relieve the following collateral sanctions:

SB613,12,9 (a) Requirements imposed by s. 301.45.

SB613,12,11 (b) A motor vehicle license suspension, revocation, limitation, or ineligibility for which restoration or relief is available pursuant to s. 343.10.

SB613,12,15 (13) Effect of pardon. If an individual who was convicted of or adjudicated delinquent for an offense is granted a pardon by the governor of this state for that offense, the court for the county where he or she resides shall issue a certificate of restoration of rights relieving all collateral sanctions associated with that offense.

SB613,12,24 (14) Issuance, modification, and revocation of order of limited relief and certificate of restoration of rights. (a) When a petition is filed under sub. (10) or (11), including a petition for enlargement of an existing order of limited relief or certificate of restoration of rights, the court shall notify the office that prosecuted the offense giving rise to the collateral consequence from which relief is sought and, if the conviction or adjudication of delinquency was not obtained in a court of this state, the department of justice. The court may issue an order or certificate subject to restriction, condition, or additional requirement. When issuing, denying, modifying, or revoking an order or certificate, the court may impose conditions for reapplication.

SB613,13,12 (b) The court may restrict or revoke an order of limited relief or certificate of restoration of rights it previously issued or an order issued by a court in this state if it finds just cause by a preponderance of the evidence. Just cause includes subsequent conviction or adjudication of delinquency of the holder for a felony in this state, or for an offense in another jurisdiction that is deemed a felony in this state under sub. (9). An order of restriction or revocation may be issued on motion of the office of the prosecutor that obtained the conviction or adjudication of delinquency, or a government agency designated by that prosecutorial office, after notice to the individual to whom the order or certificate was issued and any other prosecutor that has appeared in the matter, and after a hearing pursuant to rules adopted pursuant to this section if requested by the individual or the prosecutor who made the motion or any prosecutor that has appeared in the matter.

SB613,13,18 (c) The court shall order any test, report, investigation, or disclosure by the individual it reasonably believes necessary to its decision to issue, modify, or revoke an order of limited relief or certificate of restoration of rights. If there are material disputed issues of fact or law, the individual and any prosecutor notified under par. (a) or another prosecutorial agency designated by a prosecutor notified under par. (a) shall have the opportunity to submit evidence and be heard on those issues.

SB613,13,21 (d) The department of justice shall maintain a public record of the issuance, modification, and revocation of orders of limited relief and certificates of restoration of rights.

SB613,14,3 (15) Reliance on order or certificate as evidence of due care. In a judicial or administrative proceeding alleging negligence or other fault, an order of limited relief or a certificate of restoration of rights may be introduced as evidence of a person's due care in hiring, retaining, licensing, leasing to, admitting to a school or program, or otherwise transacting business or engaging in activity with the individual to whom the order was issued, if the person knew of the order or certificate at the time of the alleged negligence or other fault.

SB613,14,7 (16) Victims rights. A victim of an offense may participate in proceedings for issuance, modification, and revocation of orders of limited relief and certificates of restoration of rights to the extent permitted by rules adopted by the director of state courts.

SB613,14,10 (17) Uniformity of application and construction. In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.

SB613,14,13 (18) Savings and transitional provisions. (a) This section applies to collateral consequences whenever enacted or imposed, unless the law creating the collateral consequence expressly states that this section does not apply.

SB613,14,16 (b) This section does not invalidate the imposition of a collateral sanction on an individual before January 1, 2011, but a collateral sanction validly imposed before January 1, 2011, may be the subject of relief under this section.

SB613, s. 2 Section 2. Effective dates. This act takes effect on January 1, 2011, except as follows:

SB613,14,20 (1) The creation of section 976.045 (4) of the statutes takes effect on the day after publication.

SB613,14,21 (End)