SB613,10,76 2. The court for the county where the individual resides at any time after
7sentencing.
SB613,10,138 (b) Except as otherwise provided in sub. (12) the court may issue an order of
9limited relief relieving one or more of the collateral sanctions described in par. (a) if,
10after reviewing the record, including the individual's criminal history, any filing by
11a prosecutor or victim under sub. (16), and any other relevant evidence, it finds the
12individual has established by a preponderance of the evidence that all of the
13following are true:
SB613,10,1614 1. Granting the petition will materially assist the individual in obtaining or
15maintaining employment, education, housing, public benefits, or occupational
16licensing.
SB613,10,1817 2. The individual has substantial need for the relief requested in order to live
18a law-abiding life.
SB613,10,2019 3. Granting the petition would not pose an unreasonable risk to the safety or
20welfare of the public or any individual.
SB613,10,2221 (c) The court may consider the conduct underlying a conviction or adjudication
22of delinquency in the same manner as provided in sub. (8).
SB613,10,2323 (d) The order of limited relief must specify:
SB613,10,2424 1. The particular collateral sanction from which relief is granted.
SB613,10,2525 2. Any restrictions imposed pursuant to sub. (14).
SB613,11,2
1(e) Issuance of an order of limited relief relieves a collateral sanction to the
2extent provided in the order.
SB613,11,9 3(11) Certificate of restoration of rights. (a) An individual convicted of or
4adjudicated delinquent for an offense may petition the court for the county where he
5or she resides for a certificate of restoration of rights relieving collateral sanctions
6not sooner than 3 years after the individual's most recent conviction of or
7adjudication for a felony or misdemeanor in any jurisdiction, or not sooner than 3
8years after the individual's release from confinement pursuant to a criminal
9sentence in any jurisdiction, whichever is later.
SB613,11,1410 (b) Except as otherwise provided in sub. (12), the court may issue a certificate
11of restoration of rights if after reviewing the record, including the individual's
12criminal history, any filing by a prosecutor or victim under sub. (16), and any other
13relevant evidence, it finds the individual has established by a preponderance of the
14evidence that all of the following are true:
SB613,11,1715 1. The individual is engaged in, or seeking to engage in, a lawful occupation or
16activity, including employment, training, education, or rehabilitative programs, or
17the individual otherwise has a lawful source of support.
SB613,11,1918 2. The individual is not in violation of the terms of any criminal sentence, or
19that any failure to comply is justified, excused, involuntary, or insubstantial.
SB613,11,2020 3. No criminal charges are pending against the individual.
SB613,11,2221 4. Granting the petition would not pose an unreasonable risk to the safety or
22welfare of the public or any individual.
SB613,11,2423 (c) A certificate of restoration of rights must specify any restrictions imposed
24and collateral sanctions from which relief has not been granted under sub. (14).
SB613,12,4
1(d) Issuance of a certificate of restoration of rights relieves all collateral
2sanctions, except those listed in sub. (12) and any others specifically excluded in the
3certificate. The court may consider the conduct underlying the conviction or
4adjudication or delinquency in the same manner as provided in sub. (8).
SB613,12,8 5(12) Collateral sanctions not subject to order of limited relief or
6certificate of restoration of rights.
An order of limited relief or certificate of
7restoration of rights issued under sub. (10) or (11) may not be issued to relieve the
8following collateral sanctions:
SB613,12,99 (a) Requirements imposed by s. 301.45.
SB613,12,1110 (b) A motor vehicle license suspension, revocation, limitation, or ineligibility
11for which restoration or relief is available pursuant to s. 343.10.
SB613,12,15 12(13) Effect of pardon. If an individual who was convicted of or adjudicated
13delinquent for an offense is granted a pardon by the governor of this state for that
14offense, the court for the county where he or she resides shall issue a certificate of
15restoration of rights relieving all collateral sanctions associated with that offense.
SB613,12,24 16(14) Issuance, modification, and revocation of order of limited relief and
17certificate of restoration of rights.
(a) When a petition is filed under sub. (10) or
18(11), including a petition for enlargement of an existing order of limited relief or
19certificate of restoration of rights, the court shall notify the office that prosecuted the
20offense giving rise to the collateral consequence from which relief is sought and, if
21the conviction or adjudication of delinquency was not obtained in a court of this state,
22the department of justice. The court may issue an order or certificate subject to
23restriction, condition, or additional requirement. When issuing, denying, modifying,
24or revoking an order or certificate, the court may impose conditions for reapplication.
SB613,13,12
1(b) The court may restrict or revoke an order of limited relief or certificate of
2restoration of rights it previously issued or an order issued by a court in this state
3if it finds just cause by a preponderance of the evidence. Just cause includes
4subsequent conviction or adjudication of delinquency of the holder for a felony in this
5state, or for an offense in another jurisdiction that is deemed a felony in this state
6under sub. (9). An order of restriction or revocation may be issued on motion of the
7office of the prosecutor that obtained the conviction or adjudication of delinquency,
8or a government agency designated by that prosecutorial office, after notice to the
9individual to whom the order or certificate was issued and any other prosecutor that
10has appeared in the matter, and after a hearing pursuant to rules adopted pursuant
11to this section if requested by the individual or the prosecutor who made the motion
12or any prosecutor that has appeared in the matter.
SB613,13,1813 (c) The court shall order any test, report, investigation, or disclosure by the
14individual it reasonably believes necessary to its decision to issue, modify, or revoke
15an order of limited relief or certificate of restoration of rights. If there are material
16disputed issues of fact or law, the individual and any prosecutor notified under par.
17(a) or another prosecutorial agency designated by a prosecutor notified under par. (a)
18shall have the opportunity to submit evidence and be heard on those issues.
SB613,13,2119 (d) The department of justice shall maintain a public record of the issuance,
20modification, and revocation of orders of limited relief and certificates of restoration
21of rights.
SB613,14,3 22(15) Reliance on order or certificate as evidence of due care. In a judicial
23or administrative proceeding alleging negligence or other fault, an order of limited
24relief or a certificate of restoration of rights may be introduced as evidence of a
25person's due care in hiring, retaining, licensing, leasing to, admitting to a school or

1program, or otherwise transacting business or engaging in activity with the
2individual to whom the order was issued, if the person knew of the order or certificate
3at the time of the alleged negligence or other fault.
SB613,14,7 4(16) Victims rights. A victim of an offense may participate in proceedings for
5issuance, modification, and revocation of orders of limited relief and certificates of
6restoration of rights to the extent permitted by rules adopted by the director of state
7courts.
SB613,14,10 8(17) Uniformity of application and construction. In applying and construing
9this uniform act, consideration must be given to the need to promote uniformity of
10the law with respect to its subject matter among states that enact it.
SB613,14,13 11(18) Savings and transitional provisions. (a) This section applies to collateral
12consequences whenever enacted or imposed, unless the law creating the collateral
13consequence expressly states that this section does not apply.
SB613,14,1614 (b) This section does not invalidate the imposition of a collateral sanction on
15an individual before January 1, 2011, but a collateral sanction validly imposed before
16January 1, 2011, may be the subject of relief under this section.
SB613, s. 2 17Section 2. Effective dates. This act takes effect on January 1, 2011, except
18as follows:
SB613,14,2019 (1) The creation of section 976.045 (4) of the statutes takes effect on the day
20after publication.
SB613,14,2121 (End)
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