Wisconsin uses Wis. Stat. § 973.015 for special disposition. Read those subsections before you draft. The title is only the outline.
Appellate readings
State of Wisconsin v. Anthony J. Leitner, 253 Wis. 2d 449 (2002) is worth reading in full. The opinion puts it this way: “Stat. § 973.015 should be read to require the expunction of all government records relating to a record of a conviction expunged under § 973.015.”
State of Wisconsin v. Justin A. Braunschweig, 384 Wis. 2d 742 (2018) is worth reading in full. The opinion puts it this way: “Yes; an expunged OWI conviction must be counted as a prior conviction under § 343.307(1).”
State of Wisconsin v. Andrew J. Matasek, 348 Wis. 2d 243 (2013) is worth reading in full. The opinion puts it this way: “Matasek now appeals, challenging only the court's conclusion that the decision whether to expunge an offender's conviction must be made at the time of sentencing.”
A practical sequence
- Open Wis. Stat. § 973.015 and read the part on special disposition. Everything else in the filing has to fit that section.
- Ask the clerk which local form that Wisconsin county uses, then check the form against Wis. Stat. § 973.015.
- Then read State of Wisconsin v. Anthony J. Leitner, 253 Wis. 2d 449 (2002). That is a Wisconsin court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in Wisconsin?
Wisconsin uses Wis. Stat. § 973.015 for special disposition. Read those subsections before you draft. The title is only the outline.
How have Wisconsin courts ruled on expungement?
State of Wisconsin v. Anthony J. Leitner, 253 Wis. 2d 449 (2002) “Stat. § 973.015 should be read to require the expunction of all government records relating to a record of a conviction expunged under § 973.015.”
Read Wis. Stat. § 973.015 in full before you file. A quotation on this page is a starting point, not the whole section.