Wisconsin Expungement & Record Protection
Madison Expungement Lawyer for Wisconsin Criminal Record Questions
A criminal record can affect jobs, housing, school, licensing, and future opportunities. Attorney Glenn E. Avena helps clients in Madison, Dane County, and South-Central Wisconsin review whether expungement, reduction, diversion, or other record-protection options may be available.
Need a Fresh Start?
Wisconsin Expungement Is Powerful, But Limited
Expungement can help reduce the public impact of certain Wisconsin criminal convictions, but it is not available in every case. Wisconsin expungement rules are specific, and eligibility often depends on what happened at sentencing.
Avena Law Office, LLC helps clients review criminal records, sentencing paperwork, eligibility questions, and possible next steps. If expungement is not available, there may still be other ways to understand, explain, reduce, or manage the impact of a record depending on the facts.
Wisconsin Expungement Basics
Who May Qualify for Expungement in Wisconsin?
Wisconsin expungement is governed by Wis. Stat. § 973.015. Eligibility can depend on the age of the person at the time of the offense, the type of conviction, the maximum penalty, whether the court ordered expungement at sentencing, and whether the sentence was successfully completed.
Age at the Time of Offense
Wisconsin expungement often focuses on people who were under a certain age at the time of the offense.
Type of Conviction
Some misdemeanors and lower-level felonies may be eligible, while many serious offenses are not.
Sentencing Order
In many Wisconsin cases, the court must have ordered expungement eligibility at sentencing.
Sentence Completion
Successful completion of probation, confinement, conditions, or other sentence terms can matter.
Prior Record and Case Facts
Eligibility may be affected by prior history, charge type, court findings, and the details of the sentence.
Other Record Options
If expungement is unavailable, other record-protection or case-resolution strategies may still be worth reviewing.
Important Reality Check
Expungement Does Not Always Erase Every Trace of a Case
Wisconsin expungement can reduce public access to certain court records, but it may not erase every government, law enforcement, licensing, immigration, or background-check issue. Before relying on expungement, get legal advice about what it can and cannot do in your specific situation.
The Law, In Plain Language
The Wisconsin Expungement Statute, Defined
One statute controls expungement in Wisconsin, and it asks four questions. Every “can my record be cleared?” conversation starts with these terms.
- The 6-Year Ceiling
- Only offenses with a maximum penalty of 6 years or less can be expunged. In practice that means every misdemeanor and the two lowest felony classes, Class H and Class I. Anything Class G or above is outside the statute entirely. Wis. Stat. § 973.015(1m)(a)1
- The Under-25 Rule
- The person must have been under 25 years old at the time the offense was committed — not at charging, and not at sentencing. The date that controls is the date of the conduct itself. Wis. Stat. § 973.015(1m)(a)1
- Ordered at Sentencing
- The judge must order expungement eligibility at the sentencing hearing. There is no motion to file years later; a case that ended without the order generally stays on the record. This single rule is why record protection has to be part of the defense before conviction, not an afterthought. Wis. Stat. § 973.015(1m)(a)1
- Successful Completion
- The sentence must be completed successfully: probation not revoked, all conditions satisfied, and no new convictions during the sentence. When that happens, a certificate of discharge issues and the ordered expungement takes effect. Wis. Stat. § 973.015(1m)(b)
- The Exclusions
- Some offenses inside the 6-year ceiling still cannot be expunged — including certain Class H and Class I felonies where the person has a prior felony record or the offense is designated violent, and a short list of specific statutes that are never eligible. Whether an exclusion applies is a case-by-case legal question. Wis. Stat. § 973.015(1m)(a)3
Why Record Protection Matters
A Criminal Record Can Affect More Than Court
Employment
Criminal records can affect applications, interviews, promotions, professional licensing, and background checks.
Housing
Landlords and property managers may consider criminal history when reviewing rental applications.
Education
Records can affect college applications, scholarships, internships, campus housing, and certain programs.
Licensing
Professional licensing boards may ask about criminal history even when the case is old or low-level.
Immigration
Noncitizens should get immigration-informed advice before assuming expungement fixes immigration consequences.
Future Cases
Prior history can affect charging decisions, negotiations, bail, sentencing, and future criminal exposure.
How Avena Law Office Helps
Expungement and Record Review Process
1. Record Review
We review the conviction, sentencing documents, court record, age at offense, charge class, and sentence completion.
2. Eligibility Analysis
Attorney Glenn E. Avena determines whether Wisconsin expungement appears available and what legal barriers may exist.
3. Court Strategy
If a filing or hearing is appropriate, the case is prepared with the necessary facts, documents, and legal argument.
4. Next-Step Guidance
If expungement is not available, you receive practical guidance on other possible record-protection strategies.
Defense Before Conviction
The Best Record Protection Often Happens Before the Case Ends
If you are currently charged, do not wait until after conviction to ask about your record. Diversion, reduction, conditional discharge, deferred prosecution, amendment, dismissal, or sentencing terms may affect what options exist later.
For active cases, review misdemeanor defense, drug possession defense, OWI defense, felony defense, and contact Avena Law Office.
Serving Wisconsin Clients
Expungement Review in Madison, Dane County, and South-Central Wisconsin
Avena Law Office, LLC helps clients review expungement and record-protection questions in Madison, Dane County, Columbia County, Dodge County, Fond du Lac County, Grant County, Green County, Green Lake County, Iowa County, Jefferson County, Lafayette County, Marquette County, Richland County, Rock County, and Sauk County.
Expungement FAQ
Questions About Wisconsin Expungement
Can every Wisconsin criminal conviction be expunged?
No. Wisconsin expungement is limited. Eligibility depends on age, offense type, sentence, statutory requirements, and whether expungement was ordered or available in the case.
Does expungement erase my criminal record completely?
Not always. Expungement can reduce public access to certain court records, but it may not erase every government, law enforcement, licensing, immigration, or background-check consequence.
Can a felony be expunged in Wisconsin?
Only the two lowest classes. Class H and Class I felonies carry 6 years or less, so they can qualify if the person was under 25 at the time of the offense, the judge ordered expungement at sentencing, and the sentence was completed successfully — and if no statutory exclusion applies, such as a prior felony record or a violent-offense designation. Higher felony classes cannot be expunged; for those, the governor's pardon is the remaining path.
How do you get a record expunged in Wisconsin?
Wisconsin works differently from most states: the expungement decision is made at sentencing, not years later. The offense must carry 6 years or less, the person must have been under 25 at the time of the offense, the judge must order eligibility at the sentencing hearing, and the sentence must then be completed successfully. If your case is still open, raising it now is the whole game; if your case is closed, a lawyer can review whether the order was made and what options remain.
Does expungement remove a case from CCAP?
When a Wisconsin case is expunged, the circuit court record is sealed and the case is removed from public view on CCAP, Wisconsin's online court records site. Separate government records — law enforcement files, the state criminal history database, and federal records — are a different question, which is why it matters to get advice about what expungement does and does not reach.
Can I ask for expungement after sentencing?
In many Wisconsin cases, expungement must be addressed at sentencing. Whether anything can be done later depends on the record and specific facts.
Can a drug possession case be resolved in a way that protects my record?
Sometimes. Depending on the facts, diversion, conditional discharge, reduction, dismissal, or other outcomes may be worth reviewing before the case is resolved.
Should I talk to a lawyer if I am not sure whether I qualify?
Yes. A lawyer can review the court record, sentence, offense date, age, charge type, and legal options before you rely on assumptions.
Can an OWI be expunged in Wisconsin?
No. OWI convictions cannot be expunged in Wisconsin, and even a first-offense civil OWI stays on the driving record and can count as a prior if you are charged with OWI again. If criminal charges were filed alongside the OWI, those may be a separate question worth reviewing — and the best protection for the record is defending the OWI itself before conviction.
Free Consultation
Talk to a Madison Expungement Lawyer Today
If you want to understand whether expungement or another record-protection option may be available, contact Avena Law Office, LLC for a case review.
This website is attorney advertising. Past results do not guarantee future outcomes. Contacting the firm does not create an attorney-client relationship.
Local Defense, Local Courts
Your case is heard here, by people who work here
Avena Law Office, LLC runs a Madison criminal defense practice from one office and appears in the courthouses of Dane, Columbia, and the surrounding South-Central Wisconsin counties. Knowing the courtroom, the prosecutors, and how a county actually handles a charge is not a detail. It changes what can be negotiated.
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