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Under Wisconsin’s “open records law” [subch. II, ch. 19, Stats.], criminal records maintained by the State of Wisconsin and local government agencies are open to the public. Any member of the public can obtain records of criminal proceedings from state and local law enforcement agencies and the courts.
If you have been convicted of a misdemeanor or felony offense in Wisconsin you should consult with an attorney experienced in obtaining expungments.
Free electronic access to circuit court records is available to the public via the Wisconsin Circuit Court Access (WCCA) website, also known as CCAP (Consolidated Court Automation Programs). The Crime Information Bureau (CIB) is a criminal history database maintained by the Wisconsin Department of Justice, under which, for a fee, any person can ask for a criminal background check on another person. [s. 165.84, Stats.]
Information concerning your misdemeanor or felony conviction in the State of Wisconsin is easily obtainable by the general public. If you are concerned about public access to your criminal record you should consult an experienced Wisconsin expungement attorney.
Certain court records may be expunged under Wisconsin Statute § 973.015. Having a record expunged with result in the following:
1. The record of conviction is removed from the WCCA. The response to
a request for a record will be that no record has been found. No
reference is made to the fact the record was expunged.
2. The record cannot be considered at a subsequent sentencing, is not
available for repeated sentence enhancement, and cannot be used to
attack the credibility of the person if he or she is called as a witness
in a subsequent court proceeding.
Prosecutors and law enforcement agencies are not required to destroy their records relating to an expunged conviction. Therefore, the records maintained by law enforcement agencies, including the CIB and district attorneys, are not affected when a court record is expunged.
The CIB maintains a computerized criminal history database that contains detailed information of arrests, arrest charges, prosecution, court findings and sentences and state correctional systems admissions and releases for Wisconsin. All information in the CIB’s database is based on submission of arrest fingerprint cards by law enforcement agencies.
Wisconsin Statutes § 165.84(1) provides a procedure to have information removed from the CIB database under certain circumstances. The statute provides: “Any person arrested or taken into custody and subsequently released without charge, or cleared of the offense through court proceedings, shall have any fingerprint record taken in connection therewith returned upon request.”
In order to qualify for removal under s. 165.84 (1), Stats., all offenses reported on the arrest fingerprint card must have been disposed of by the person being released without charge (or not prosecuted) or the person being cleared of the offenses through court proceedings. This would include dismissal of the case by the prosecutor or judge or acquittal by a judge or jury. The dismissal of only some of the offenses but convictions on others precludes the removal of the record under the statute. Convictions of lesser offenses included in those reported on the arrest fingerprint card also preclude removal of the record. Completion of a first offender program which results in no prosecution or dismissal qualifies for removal under the statute. Expunction under s. 973.015, Stats., does not qualify for removal.
The Department of Justice has developed a form which a person may use to request removal of information from the CIB database. Removal of information from the CIB database has no effect on the availability of the same information from court files (including CCAP) or police records. However, if the arrest information being removed from the CIB database was reported to the Federal Bureau of Investigation (FBI), the Department of Justice will notify the FBI to remove the information from its files.
Wisconsin Statute § 973.015 was recently amended to allow a judge to expunge a conviction if four criteria are met: (1) the person was under the age of 25 at the time of the offense, (2) the offense has a maximum penalty of imprisonment of 6 years, (3) the person will benefit and (4) society will not be harmed. Additionally, such a determination must be made at the time of sentencing and be contingent upon the successful completion of the sentence.
A person has successfully completed the sentence if the person has not been convicted of a subsequent offense and, if on probation, the probation has not been revoked and the probationer has satisfied the conditions of probation. Upon successful completion of the sentence the detaining or probationary authority shall issue a certificate of discharge which shall be forwarded to the court of record and which shall have the effect of expunging the record. If the person has been imprisoned, the detaining authority shall also forward a copy of the certificate of discharge to the department.
However, no court may order a record be expunged if the person has, in his or her lifetime, been convicted of a prior felony, or if the current felony is a violent offense. Violent felonies include such acts as: substantial bodily harm, taking of a vehicle by use of force, homicide (multiple forms), murder, battery (substantial and aggravated), battery to an unborn child, threats to judges and witnesses, mayhem, sexual assault (multiple forms), kidnapping, victim and witness intimidation, endangering safety (multiple types), damage to property, theft, burglary, robbery, bomb scares, causing mental harm to a child and abduction of a child. This list is not exhaustive.
In Wisconsin, the power to pardon belongs exclusively to the governor, who can exercise it essentially in any manner the governor sees fit. The governor's pardoning power is granted in the Wisconsin Constitution. Article V, section 6 of the Wisconsin Constitution provides:
• The governor shall have power to grant reprieves, commutations and
pardons, after conviction, for all offenses, except treason and cases
of impeachment, upon such conditions and with such restrictions and
limitations as he may think proper, subject to such regulations as may
be provided by law relative to the manner of applying for pardons... He
shall annually communicate to the legislature each case of reprieve,
commutation or pardon granted, stating the name of the convict, the
crime of which he was convicted, the sentence and its date, and the date
of the commutation, pardon or reprieve, with his reasons for granting
the same."
• A pardon is an act of official forgiveness that restores all of the convicted
person's rights that were lost due to conviction for an offense. Thus, a
pardon restores rights that were lost with a felony conviction, including
the right to vote, the right to perform jury duty, the ability to possess
firearms, the right to hold public office (including the right to hold a
notary public commission), and the right to hold various licenses (such
as alcohol and tobacco licenses) or be granted certain statuses.
While a pardon restores rights, a pardon does not expunge, vacate, or erase the conviction nor prevent a criminal record from being discovered or being disclosed.
Several factors are considered by the Pardon Advisory Board and by the governor in deciding whether to grant a pardon. Any person deciding on whether or not to apply for a pardon should consider these important factors:
1: Nature of the crime. The more serious the crime the less likely the
chances of securing a pardon. Persons convicted of crimes against
young children, aggravated crimes against security and persons,
extremely violent crimes or multiple serious crimes are unlikely to
secure a pardon.
2: Time since conviction. The more time that has passed between the
conviction (and completion of sentence) and the request for a
pardon the better.
3: Punishment served without problem. It is important to demonstrate
successful completion of all conditions of probation supervision. Bad
conduct while in prison or on supervision is likely to result in a denial
of the request for a pardon.
4: Conduct since the crime that demonstrates a positive change in thinking
and behavior. This is often referred to as the "you must have lived like
a saint" factor. It is crucial to present evidence that an applicant has
turned his or her life around and that he or she is a productive member
of society. There should be no contacts with law enforcement, no
matter how minor, since the conviction.
5: Need. This factor is critical. Most successful applicants need a pardon in
order to pursue or continue in a certain career, secure a job promotion
or overcome other barriers.
6: Support of the community. Anyone applying for a pardon should submit
letters of support from community leaders, local law enforcement
officials, coworkers, employers, and other individuals that are respected
and trusted in the community.
7: Position of the district attorney. The rules concerning pardons require that
the district attorney who prosecuted the crime be notified. The district
attorney then has the opportunity to make comments to the Pardon
Advisory Board (and therefore to the governor) on whether the pardon
should be granted.
8: Position of the judge. Similarly, the sentencing judge is also notified. His
or her comments can have a substantial impact, with positive comments
being very beneficial and negative comments being very detrimental.
9: Input from victims and other people. The decision to grant a pardon can
be greatly influenced by letters or testimony from victims, a probation
agent, or other members of the public.
10: Sincerity of the applicant. In addition to the submitted application the
applicant will be required to appear personally at a hearing before the
board where the applicant’s credibility and sincerity will be judged.
WCCA Frequently Asked Questions and Other CCAP Information
Wisconsin Department of Justice Crime Information Bureau -
Conducting Criminal Background Checks
Wisconsin Department of Justice Crime Information Bureau –
Removal of Arrest Information
Fingerprint Record Removal Request
State of Wisconsin Office of the Governor –
Application for Executive Clemency
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