2015 - 2016 LEGISLATURE
March 29, 2016 - Introduced by Representatives Goyke, Barnes, Zamarripa,
Brostoff, Spreitzer, Johnson and Zepnick. Referred to Committee on
1An Act to amend
301.45 (1p) (a), 973.015 (1m) (a) 1. and 973.015 (1m) (b) of the 2
statutes; relating to: expunging a court record of certain offenses a person
3committed before he or she reached the age of 25.
Analysis by the Legislative Reference Bureau
Under current law, generally if a person under the age of 25 commits a crime
for which the maximum term of imprisonment is six years or less, a court may order,
at the time it sentences the person for the crime, that the court's record of the crime
and conviction be expunged when the person successfully completes his or her
sentence, if the court finds that expunging the record will benefit the person and will
not harm society.
Under current law, a person successfully completes his or her sentence if the
person is not convicted of a subsequent offense and, if on probation, the probation is
not revoked and person satisfies all conditions of probation. Upon successful
completion, currently the detaining or probationary authority issues a certificate of
discharge, which is forwarded to the court of record and which has the effect of
expunging the record.
Under this bill, a court may not, at the time it sentences a person, enter an order
allowing expungement if the person successfully completes his or her sentence.
Under the bill, a court may enter an order allowing expungement upon petition, if
the court determines the person has successfully completed his or her sentence, and
that the person will benefit and society will not be harmed by this disposition.
For further information see the state and local fiscal estimate, which will be
printed as an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
(a) If a person is covered under sub. (1g) based solely on an order 4
that was entered under s. 938.34 (15m) (am) or 973.048 (1m) in connection with a 5
delinquency adjudication or a conviction for a violation of s. 942.08 (2) (b), (c), or (d) 6
of (3), the person is not required to comply with the reporting requirements under 7
this section if the delinquency adjudication is expunged under s. 938.355 (4m) (b) or 8
if the conviction is expunged under s. 973.015 (1m) (b)
973.015 (1m) (a) 1. of the statutes is amended to read:
(a) 1. Subject to subd. 2. and except as provided in subd. 3., when 11
a person is under the age of 25 at the time of the commission of an offense for which 12
the person has been found guilty in a court for violation of a law for which the 13
maximum period of imprisonment is 6 years or less, the court may order
at the time
14of sentencing, upon petition,
that the record be expunged upon successful completion
15of the sentence
if the court determines that
the person has successfully completed
16his or her sentence and that the person
will benefit and society will not be harmed 17
by this disposition. This subsection does not apply to information maintained by the 18
department of transportation regarding a conviction that is required to be included 19
in a record kept under s. 343.23 (2) (a).
973.015 (1m) (b) of the statutes is amended to read:
(b) A person has successfully completed the sentence if the person 2
has not been convicted of a subsequent offense and, if on probation, the probation has 3
not been revoked and the probationer has satisfied the conditions of probation. Upon 4
successful completion of the sentence the detaining or probationary authority shall 5
issue a certificate of discharge which shall be forwarded to the court of record and
6which shall have the effect of expunging the record
. If the person has been 7
imprisoned, the detaining authority shall also forward a copy of the certificate of 8
discharge to the department.