Wisconsin Expungement & Record Sealing Guide

Who Qualifies for Expungement in Wisconsin?

Wisconsin has one of the most restrictive expungement laws in the country. Expungement is available only for offenses committed while under age 25, and the request must generally be made at sentencing — not years later.

Who Qualifies

• You were under age 25 at the time of the offense
• The offense carries a maximum sentence of 6 years or less
• The court determines that expungement would benefit you and society would not be harmed
• The request must be made at sentencing (in most cases — the judge orders expungement contingent on sentence completion)
• You must successfully complete the sentence (including probation)

Not Eligible

• Anyone age 25 or older at the time of the offense
• Offenses with maximum sentences over 6 years
• Sex offenses requiring registration
• Crimes where expungement was not ordered at sentencing (with limited exceptions)

Important: If expungement was not ordered at the time of sentencing, your options in Wisconsin are very limited. Some courts have allowed post-conviction motions in narrow circumstances, but this is not guaranteed.

Step-by-Step: How to Clear Your Record in Wisconsin

1. At sentencing: Request the judge to make expungement part of the sentence. The judge has discretion. Your attorney should argue for expungement at this stage.
2. Complete your sentence: Once you fulfill all conditions (probation, fines, etc.), you or your attorney file a motion confirming completion.
3. Clerk of Courts forwards to DOJ: The clerk notifies the Wisconsin DOJ, which updates the criminal history record.

Waiting Periods

Wisconsin does not have a traditional waiting period — expungement eligibility is set at sentencing. Once you complete your sentence:

• Probation sentence: Eligible upon probation completion
• Jail/prison sentence: Eligible upon release and completion of supervision

Costs

• No separate expungement filing fee — handled through the original case
• Attorney fees (at sentencing): Part of overall criminal defense cost

Wisconsin Legal Aid Society offers assistance at legalaction.org.

What Record Clearing Does (and Doesn't) Do in Wisconsin

After a successful expungement or sealing in Wisconsin, your record will generally be cleared from:

• Most private employer background checks
• Rental housing background checks
• Most licensing board inquiries (varies by profession)

However, it typically does not affect:

• Federal law enforcement and immigration records
• Military background checks
• Applications for law enforcement positions
• Some professional licensing boards (law, medicine, teaching — varies by state)
• Sex offender registry requirements (in most cases)

Disclaimer: This information is for general educational purposes only and does not constitute legal advice. Laws change frequently. Consult a licensed attorney in Wisconsin for advice specific to your situation.