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A Wisconsin Watch reader asks: The state expungement statute appears very strict. Does anybody truly get their report expunged? Is it simpler to get a pardon or commutation from the governor? Why is it so tough?
Whereas it’s definitely potential for folks to get their data expunged, the legal guidelines and circumstances surrounding expungement stay nuanced.
Expungement seals an individual’s prison data, that means the general public can now not entry them via courtroom databases, comparable to Consolidated Courtroom Automation Applications, or CCAP.
Oftentimes, employers and landlords use courtroom databases, comparable to CCAP, to overview somebody’s prison data. State regulation prohibits discrimination until the crime is materially associated, like somebody convicted of financial institution fraud making use of to work at a financial institution. By eradicating a public prison report, it removes the stigma that would result in discrimination in housing and job alternatives. Employers should not allowed to make use of an expunged report in opposition to an applicant, even when the crime is materially associated.
However acquiring expungement in Wisconsin is far more tough than it seems. First, anybody requesting expungement should have been underneath 25 years previous on the time of sentencing and never convicted of a violent felony. Solely misdemeanors and Class H and I felonies qualify. The lawyer should additionally request expungement on the time of sentencing; it can’t be requested after the actual fact.
“I’ve seen judges simply disagree with expungement as an idea and by no means order it,” stated Natalie Lewandowski, senior clinic supervisor on the Milwaukee Justice Heart. “I feel some judges don’t consider that folks could be rehabilitated sufficient to need to be again in society and have that not be counted in opposition to them.”
Even district attorneys can take expungement off the desk. In some instances, protection attorneys could not even know expungement exists and due to this fact gained’t know to convey it up throughout an individual’s trial.
As a brand new lawyer, Lewandowski wasn’t conscious of expungement till she was informed minutes earlier than the trial. It isn’t one thing that’s usually taught, and there’s no handbook, she stated.
If the choose recommends expungement, an individual should then meet all circumstances of probation, together with paying all monetary obligations and supervision charges in full. The individual can’t be convicted of a subsequent offense or violate any Division of Corrections guidelines.
However even with the expungement circumstances laid out, the method is nuanced, and the success charge is low.
For individuals who have been discovered eligible for expungement on the time of sentencing, Lewandowski stated a surprising variety of them fail to get their case efficiently expunged.
Usually, folks consider that in the event that they full probation, they are going to have their case expunged. However additionally they should meet all the necessities of probation earlier than they’re discharged.
“I’ve needed to inform too many individuals that they’ll by no means get their case expunged as a result of on the time of their discharge, they nonetheless owed $10 in supervision charges,” Lewandowski stated.
A probation workplace has to submit a type both notifying that the individual accomplished circumstances for expungement or failed to fulfill the circumstances, with every situation laid out instantly on the shape.
It’s unclear how many individuals have their report expunged every year. The DOC doesn’t maintain information on what number of instances meet the necessities for expungement, and courtroom information is unreliable and never readily aggregated. Wisconsin Coverage Discussion board estimates that round 2,000 folks have their report expunged every year.
Pardons, then again, have a extra clearly outlined course of.
Necessities for a pardon embrace an previous felony conviction and at the least 5 years for the reason that particular person accomplished a sentence. To be granted a pardon, an individual both applies to the Pardon Advisory Board, the place a listening to is held on the pardon software, or the individual can qualify for the expedited course of through which the applying is forwarded on to the governor with no listening to.
The candidates have to incorporate licensed courtroom paperwork. The price of copies of courtroom paperwork is $1.25 per web page and an extra $5 to get the doc licensed.
“The kicker is the applying processing occasions, the time it takes from while you submit your software to get a listening to in entrance of the pardon board, the place they’ll resolve, is like two years proper now,” Lewandowski stated. “Should you’re eligible for a pardon, it’s nonetheless one thing that it’s a must to show to the pardon board that you just’re deserving of, so lots of people don’t get pardoned.”
Many of the pardoned instances are low-level, non-violent offenses. Pardoning doesn’t expunge the report or point out innocence, however as an alternative symbolizes forgiveness from the governor and restores sure rights — comparable to the suitable to serve on a jury, possess a firearm or maintain a state or native workplace.
In contrast to expungement, pardons additionally rely on who’s governor on the time of the request.
For instance, Gov. Tony Evers has granted over 1,436 pardons as of April 2025 — probably the most ever — whereas former Gov. Scott Walker was adamantly in opposition to pardons throughout his time in workplace.
For people looking for expungement or pardons, there are sources obtainable.
The Cellular Authorized Clinic via the Milwaukee Justice Heart consists of data on expungement and pardon eligibility. There’s additionally a information on finishing the pardon software for individuals who want to do it independently.
There have been makes an attempt by lawmakers to lower the limitations to expungement, comparable to eliminating the age requirement and permitting an individual to petition the courtroom for expungement after sentencing.
Evers most lately requested these modifications within the 2025-27 funds, but it surely was faraway from dialogue by Republicans in early Could.
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