This is the preview version of the Wisconsin State Legislature site.
Please see http://docs.legis.wisconsin.gov for the production version.
LRBs0107/1
CMH:all
2023 - 2024 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 37
February 14, 2024 - Offered by Representative Steffen.
AB37-ASA1,1,8 1An Act to renumber 111.335 (3) (a); to renumber and amend 973.015 (1m) (a)
21.; to amend 111.335 (4) (b), 111.335 (4) (c) 1. (intro.), 111.335 (4) (e), 111.335
3(4) (f) 1., 950.04 (1v) (g), 973.015 (1m) (a) 3. a., 973.015 (1m) (a) 3. b., 973.015
4(1m) (b) and 973.25 (1) (a); and to create 111.335 (3) (ag), 111.335 (3) (g), 111.335
5(3) (h), 111.335 (3) (i), 973.015 (1b), 973.015 (1m) (a) 1. a. and b., 973.015 (1m)
6(a) 3. c., d., e., f. and g. and 4., 973.015 (1m) (c) and 973.015 (4) of the statutes;
7relating to: expungement of records of certain crimes and discrimination
8based on expunged conviction.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB37-ASA1,1 9Section 1. 111.335 (3) (a) of the statutes is renumbered 111.335 (3) (ar).
AB37-ASA1,2 10Section 2. 111.335 (3) (ag) of the statutes is created to read:
AB37-ASA1,2,511 111.335 (3) (ag) 1. Employment discrimination because of conviction record
12includes, but is not limited to, requesting an applicant, employee, member, licensee,

1or any other individual, on an application form or otherwise, to supply information
2regarding a crime the record of which has been expunged under s. 973.015. A request
3to supply information regarding criminal convictions shall not be construed as a
4request to supply information regarding a crime the record of which has been
5expunged under s. 973.015.
AB37-ASA1,2,116 2. Notwithstanding par. (ar) 1., and except as provided in par. (g), it is
7employment discrimination because of conviction record for an employer or licensing
8agency to engage in any act of employment discrimination specified in s. 111.322 on
9the basis of a conviction the record of which has been expunged under s. 973.015.
10This subdivision does not apply to the extent that its application conflicts with
11federal law.
AB37-ASA1,3 12Section 3. 111.335 (3) (g) of the statutes is created to read:
AB37-ASA1,2,1713 111.335 (3) (g) Notwithstanding s. 111.322, it is not employment discrimination
14because of conviction record for the law enforcement standards board to refuse to
15certify, recertify, or allow to participate in a preparatory training program or to
16decertify under s. 165.85 an individual who has a conviction the record of which has
17been expunged under s. 973.015.
AB37-ASA1,4 18Section 4 . 111.335 (3) (h) of the statutes is created to read:
AB37-ASA1,2,2519 111.335 (3) (h) Notwithstanding s. 111.322, if an employer is required by
20federal law or by a contract with the federal government to inquire into the criminal
21history of an individual for purposes of employment, and is prohibited by such law
22or contract from employing individuals with certain criminal convictions, including
23employers engaged in the business of insurance under 18 USC 1033 and 1034, it is
24not employment discrimination because of a conviction record for such an employer
25to do any of the following:
AB37-ASA1,3,3
11. Request an applicant, employee, or contractor to supply in writing
2information regarding a crime, the record of which has been expunged under s.
3973.015.
AB37-ASA1,3,74 2. Refuse to employ, or terminate the employment or contract of, an individual
5whose conviction record has been expunged under s. 973.015, or who refuses to
6supply information about such an expunged conviction record, if the employer is
7prohibited from employing such an individual.
AB37-ASA1,5 8Section 5. 111.335 (3) (i) of the statutes is created to read:
AB37-ASA1,3,139 111.335 (3) (i) If requested by an employer that is prohibited by federal law or
10by a contract with the federal government from employing individuals who have
11been convicted of certain crimes, an individual who is granted an expungement
12under s. 973.015 shall disclose the expunged criminal conviction for either of the
13following purposes:
AB37-ASA1,3,1614 1. Employment with an employer engaged in the business of insurance, for the
15purpose of complying with 18 USC 1033 and 1034, or other federal law that requires
16exclusion of certain individuals from employment.
AB37-ASA1,3,1917 2. Employment with an employer that is required to exclude individuals with
18certain criminal convictions from employment pursuant to a contract with the
19federal government.
AB37-ASA1,6 20Section 6. 111.335 (4) (b) of the statutes is amended to read:
AB37-ASA1,3,2521 111.335 (4) (b) It is employment discrimination because of conviction record for
22a licensing agency to refuse to license any individual under sub. (3) (a) (ar) 1. or to
23bar or terminate an individual from licensing under sub. (3) (a) (ar) 1. because the
24individual was adjudicated delinquent under ch. 938 for an offense other than an
25exempt offense.
AB37-ASA1,7
1Section 7. 111.335 (4) (c) 1. (intro.) of the statutes is amended to read:
AB37-ASA1,4,42 111.335 (4) (c) 1. (intro.) If a licensing agency refuses to license an individual
3under sub. (3) (a) (ar) 1. or bars or terminates an individual from licensing under sub.
4(3) (a) (ar) 1., the licensing agency shall, subject to subd. 2., do all of the following:
AB37-ASA1,8 5Section 8. 111.335 (4) (e) of the statutes is amended to read:
AB37-ASA1,4,106 111.335 (4) (e) A state licensing agency that may refuse to license individuals
7under sub. (3) (a) (ar) 1. or that may bar or terminate an individual from licensure
8under sub. (3) (a) (ar) 1. shall publish on the agency's Internet site a document
9indicating the offenses or kinds of offenses that may result in such a refusal, bar, or
10termination.
AB37-ASA1,9 11Section 9. 111.335 (4) (f) 1. of the statutes is amended to read:
AB37-ASA1,4,1712 111.335 (4) (f) 1. A state licensing agency that may refuse to license individuals
13under sub. (3) (a) (ar) 1. or that may bar or terminate individuals from licensing
14under sub. (3) (a) (ar) 1. shall allow an individual who does not possess a license to,
15without submitting a full application and without paying the fees applicable to
16applicants, apply to the agency for a determination of whether the individual would
17be disqualified from obtaining the license due to his or her conviction record.
AB37-ASA1,10 18Section 10. 950.04 (1v) (g) of the statutes is amended to read:
AB37-ASA1,4,2119 950.04 (1v) (g) To have reasonable attempts made to notify the victim of
20hearings or court proceedings, as provided under ss. 302.113 (9g) (g) 2., 302.114 (6),
21938.27 (4m) and (6), 938.273 (2), 971.095 (3) and , 972.14 (3) (b), and 973.015 (1m) (c).
AB37-ASA1,11 22Section 11. 973.015 (1b) of the statutes is created to read:
AB37-ASA1,4,2323 973.015 (1b) In this section, “record” means a criminal case file.
AB37-ASA1,12 24Section 12. 973.015 (1m) (a) 1. of the statutes is renumbered 973.015 (1m) (a)
251. (intro.) and amended to read:
AB37-ASA1,5,8
1973.015 (1m) (a) 1. (intro.) Subject to subd. 2. and except as provided in subd.
23., when a person is under the age of 25 at the time of the commission of an offense
3for which the person has been found guilty in a court for violation of a law for which
4the maximum period of imprisonment is 6 years or less, the
, a court may order at the
5time of sentencing after a conviction that the record a criminal case be expunged
6upon successful completion of the sentence if the court determines the person will
7benefit and society will not be harmed by this disposition.
by one of the following
8methods:
AB37-ASA1,5,11 9(d) This subsection does not apply to information maintained by the
10department of transportation regarding a conviction that is required to be included
11in a record
kept under s. 343.23 (2) (a).
AB37-ASA1,13 12Section 13. 973.015 (1m) (a) 1. a. and b. of the statutes are created to read:
AB37-ASA1,5,1713 973.015 (1m) (a) 1. a. Except as provided in subd. 3., the court may order at the
14time of sentencing that the record be expunged upon successful completion of the
15sentence if the court determines that the person has not previously had a record
16expunged under this section and that the person will benefit and society will not be
17harmed by this disposition.
AB37-ASA1,6,1918 b. If at least one year has passed since the person successfully completed his
19or her sentence, the person may file a petition in the county of conviction requesting
20that the record be expunged. For an initial petition, unless the person submits an
21affidavit swearing that he or she is unable to pay the fee and the court waives it, the
22person shall pay to the clerk of circuit court a $20 fee to be retained for the use of the
23county. For a 2nd petition regarding the same record, the person shall pay to the
24clerk of circuit court a $100 fee to be retained for the use of the county. Upon receipt
25of the petition, the court shall review the petition to determine if the person is

1ineligible to petition for expungement. A person is ineligible to petition for
2expungement if the record is not available for the court to review, subd. 3. or 4.
3applies, less than one year has passed since the person successfully completed his or
4her sentence, there are criminal charges pending against the person, the person has
5previously had a record expunged under this section, or the person has exceeded the
6maximum number of petitions allowed under this subd. 1. b. If the court determines
7the person is eligible to petition for expungement, the court shall forward the petition
8to the district attorney. If the district attorney requests a hearing within 90 days
9after the court forwards the petition, the court shall schedule a hearing to review the
10petition. If the district attorney waives the hearing or at least 90 days have passed
11since the court forwarded the petition, the court may review the petition with or
12without a hearing. If a hearing is scheduled, then if practicable, the sentencing judge
13shall be the judge to review the petition. The court may order that the record be
14expunged if the court determines the person will benefit and society will not be
15harmed by this disposition. If the court orders a record be expunged under this subd.
161. b., the record shall be expunged within 120 days of the order. If the court does not
17order the record be expunged under this subd. 1. b., the person may file a 2nd petition
18under this subd. 1. b. only if at least 2 years have passed since he or she filed the first
19petition. No person may file more than 2 petitions per record under this subd. 1. b.
AB37-ASA1,14 20Section 14 . 973.015 (1m) (a) 3. a. of the statutes is amended to read:
AB37-ASA1,7,321 973.015 (1m) (a) 3. a. A Class H felony, if the person has, in his or her lifetime,
22been convicted of a prior felony offense, or if the felony is a violent offense, as defined
23in s. 301.048 (2) (bm), or is a violation of s. 940.32, 948.03 (2), (3), or (5) (a) 1., 2., 3.,
24or 4.
301.45 (6) (a) 1. or (ag) 1., 301.47 (3) (a), 301.475 (2) (b), 346.17 (3) (b), 940.30,
25940.32 (2m), 941.20 (1m) (b), 941.21, 941.31 (2) (b), 943.23 (2) (a) or (3g), 944.18 (3)

1(a), 946.42 (2m), 946.425 (1), (1m) (b), or (1r) (b), 946.50 (5p), 948.055 (2) (b)
, or
2948.095, is a 2nd or subsequent violation of s. 951.08 (1) or (2), or is an attempt to
3commit a violation of 941.21 or 948.055 (2) (b)
.
AB37-ASA1,15 4Section 15 . 973.015 (1m) (a) 3. b. of the statutes is amended to read:
AB37-ASA1,7,125 973.015 (1m) (a) 3. b. A Class I felony, if the person has, in his or her lifetime,
6been convicted of a prior felony offense, or if the felony is a violent offense, as defined
7in s. 301.048 (2) (bm), or is a violation of s. 12.09, 12.11, 12.13 (1), (2) (b) 1. to 7. or
8(3) (a), (e), (f), (j), (k), (L), (m), (y), or (z), 13.05, 13.06, 19.45 (13), 19.59 (1) (br), 940.19
9(2), 940.195 (2), 940.208, 940.32 (2) or (2e), 941.38 (2), 943.23 (3) (a), 947.019 (1),
10948.10 (1) (a), 948.14 (2),
948.23 (1) (a), or 948.61 (2) (b), is a violation penalized under
11s. 11.1401 (1) (a) or (b), or is a violation of s. 951.02 or 951.06 if the violation is a Class
12I felony under s. 951.18 (1)
.
AB37-ASA1,16 13Section 16. 973.015 (1m) (a) 3. c., d., e., f. and g. and 4. of the statutes are
14created to read:
AB37-ASA1,7,1615 973.015 (1m) (a) 3. c. A crime that was committed by a person who had attained
16the age of 25.
AB37-ASA1,7,1717 d. A crime for which the maximum period of imprisonment is more than 6 years.
AB37-ASA1,7,1918 e. A violation of s. 943.14 or, if the court noted in the record that the property
19damaged was a business, a violation of s. 943.01.
AB37-ASA1,7,2120 f. A violation of a temporary restraining order or injunction issued under s.
21813.12 (3) or (4).
AB37-ASA1,7,2222 g. A violation of chs. 341 to 348.
AB37-ASA1,7,2423 4. The court may order at the time of sentencing that the record is ineligible
24for expungement.
AB37-ASA1,17 25Section 17. 973.015 (1m) (b) of the statutes is amended to read:
AB37-ASA1,8,16
1973.015 (1m) (b) A For purposes of par. (a), a person has successfully
2completed the sentence if the person has completed all periods of incarceration,
3parole, or extended supervision to which he or she was sentenced; the person has paid
4all fines, costs, fees, surcharges, and restitution assessed and has completed any
5court-ordered community service; the person
has not been convicted of a subsequent
6offense crime; and, if on probation was imposed, the probation has not been revoked
7and the probationer has satisfied the conditions of probation. Upon successful
8completion of the a sentence involving incarceration or probation, the detaining or
9probationary authority shall issue and forward to the court of record a certificate of
10discharge which shall be forwarded to the court of record and which shall have the
11effect of expunging the record
that indicates whether the person successfully
12completed his or her sentence. If the court has ordered the record expunged under
13par. (a) 1. a. or 2. and the person has successfully completed the sentence, the person's
14record shall be expunged as ordered
. If the person has been imprisoned incarcerated,
15the detaining authority shall also forward a copy of the certificate of discharge to the
16department.
AB37-ASA1,18 17Section 18. 973.015 (1m) (c) of the statutes is created to read:
AB37-ASA1,9,618 973.015 (1m) (c) Upon receipt of a petition under par. (a) 1. b., the district
19attorney shall make a reasonable attempt to notify the victim, as defined in s. 950.02
20(4), of the petition. In the notice, the district attorney shall inform the victim that
21he or she may waive the hearing requirement and that, if waived, the court may
22review the petition without a hearing. The district attorney shall inform the victim
23of the manner in which he or she may provide written statements concerning the
24petition and, if the victim does not waive the hearing requirement, that he or she may
25appear at the hearing. If the victim waives the hearing requirement, the district

1attorney may inform the court that there is no objection to waiving the hearing
2requirement. Notwithstanding the confidentiality of victim address information
3obtained under s. 302.113 (9g) (g) 3., a district attorney who is required to make a
4reasonable attempt to notify a victim under this paragraph may obtain from the clerk
5of the circuit court the victim address information that the victim provided to the
6clerk under s. 302.113 (9g) (g) 3.
AB37-ASA1,19 7Section 19. 973.015 (4) of the statutes is created to read:
AB37-ASA1,9,118 973.015 (4) A record of a crime expunged under this section is not considered
9a conviction for employment purposes or for purposes of the issuance of a license, as
10defined in s. 111.32 (10), by a licensing agency, as defined in s. 111.32 (11). This
11subsection does not apply to the extent that its application conflicts with federal law.
AB37-ASA1,20 12Section 20. 973.25 (1) (a) of the statutes is amended to read:
AB37-ASA1,9,1613 973.25 (1) (a) “Certificate of qualification for employment” means a certificate
14issued by the council on offender employment that provides an offender with relief
15from a collateral sanction, except that it does not provide relief from s. 48.685 (5m),
1650.065 (4m), or 111.335 (3) (a) (ar), (b), (c), or (e) or (4) (h) or (i).
AB37-ASA1,21 17Section 21. Initial applicability.
AB37-ASA1,9,2218 (1) The treatment of s. 973.015 (1m) (a) 3. a., b., c., d., e., f., and g. and 4., (b),
19and (c), the renumbering and amendment of s. 973.015 (1m) (a) 1., and the creation
20of s. 973.015 (1m) (a) 1. a. and b. first apply to any conviction for which sentencing
21has occurred but for which the record has not been ordered expunged on the effective
22date of this subsection.
Loading...
Loading...