CMH:emw&cjs:rs
2013 - 2014 LEGISLATURE
February 27, 2014 - Introduced by Representatives Milroy, Goyke, Barnes,
Berceau, Bewley, Johnson, Kessler, Mason, Ohnstad, Pasch, Sargent,
Sinicki, Wachs, Wright, Zamarripa and Pope, cosponsored by Senators
Petrowski, Harris, Carpenter, Hansen and Lehman. Referred to Committee
on Judiciary.
AB818,1,4 1An Act to renumber and amend 973.015 (1) (a); to amend 301.45 (1p) (a),
2301.45 (7) (e) 2., 301.45 (7) (e) 3. and 973.015 (2); and to create 973.015 (1) (a)
31. to 3. of the statutes; relating to: expunging a court record of an offense
4committed before the offender reaches the age of 25.
Analysis by the Legislative Reference Bureau
Under current law, if a person commits a crime for which the maximum term
of imprisonment is six years or less before he or she reaches the age of 25, a court may
at the time of sentencing order that the court's record of the crime and conviction be
expunged when the person successfully completes his or her sentence if the court
finds that expunging the record will benefit the person and will not harm society.
This bill allows the court to order at any time such a record expunged after the person
completes his or her sentence instead of just at sentencing.
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:
AB818,1 5Section 1. 301.45 (1p) (a) of the statutes is amended to read:
AB818,2,6
1301.45 (1p) (a) If a person is covered under sub. (1g) based solely on an order
2that was entered under s. 938.34 (15m) (am) or 973.048 (1m) in connection with a
3delinquency adjudication or a conviction for a violation of s. 942.08 (2) (b), (c), or (d),
4the person is not required to comply with the reporting requirements under this
5section if the delinquency adjudication is expunged under s. 938.355 (4m) (b) or if the
6conviction is expunged under s. 973.015 (2).
AB818,2 7Section 2. 301.45 (7) (e) 2. of the statutes is amended to read:
AB818,2,98 301.45 (7) (e) 2. The department issues a certificate of discharge under s.
9973.015 (2) (3).
AB818,3 10Section 3. 301.45 (7) (e) 3. of the statutes is amended to read:
AB818,2,1211 301.45 (7) (e) 3. The department receives a certificate of discharge issued under
12s. 973.015 (2) (3) by the detaining authority.
AB818,4 13Section 4. 973.015 (1) (a) of the statutes is renumbered 973.015 (1) (a) (intro.)
14and amended to read:
AB818,2,2415 973.015 (1) (a) (intro.) Subject to par. (b) and except as provided in par. pars.
16(c), when and (d), if a person is convicted of an offense for which the maximum period
17of imprisonment is 6 years or less and the person committed the offense when he or
18she was
under the age of 25 at the time of the commission of an offense for which the
19person has been found guilty in a court for violation of a law for which the maximum
20period of imprisonment is 6 years or less
, the sentencing court may order at the time
21of sentencing that the record be expunged upon successful completion of the sentence
22if the court determines the person will benefit and society will not be harmed by this
23disposition.
, if it determines the person will benefit and society will not be harmed,
24do any of the following:
AB818,3,3
1(d) This subsection does not apply to information maintained by the
2department of transportation regarding a conviction that is required to be included
3in a record kept under s. 343.23 (2) (a).
AB818,5 4Section 5. 973.015 (1) (a) 1. to 3. of the statutes are created to read:
AB818,3,75 973.015 (1) (a) 1. At the time of sentencing, order that the record be expunged
6of the offense at the time the court receives the certificate of discharge forwarded
7under sub. (3).
AB818,3,108 2. Upon petition, if the court determines that the person has not successfully
9completed the sentence, order that the record be expunged of the offense at the time
10the court receives the certificate of discharge forwarded under sub. (3).
AB818,3,1311 3. Upon petition, if the court determines that the person has successfully
12completed the sentence, order that the record be immediately expunged of the
13offense.
AB818,6 14Section 6. 973.015 (2) of the statutes is amended to read:
AB818,3,1915 973.015 (2) A For purposes of this section, a person has successfully completed
16the sentence if the person has not been convicted of a subsequent offense and, if the
17person was placed
on probation, the he or she has satisfied the conditions of
18probation and the
probation has not been revoked and the probationer has satisfied
19the conditions of probation. Upon successful completion of
.
AB818,4,2 20(3) At the conclusion of a person's sentence or term of probation, if the person
21has successfully completed
the sentence, the detaining or probationary authority
22shall issue a certificate of discharge which shall be forwarded to the court of record
23and which shall have the effect of expunging the record. If the person has been

1imprisoned, the detaining authority shall also forward a copy of the certificate of
2discharge to the department.
AB818,4,33 (End)
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