Amendment ASA1-AB37

AB37-ASA1,4,23 973.015 (1b) In this section, “record” means a criminal case file.

AB37-ASA1,12 Section 12. 973.015 (1m) (a) 1. of the statutes is renumbered 973.015 (1m) (a) 1. (intro.) and amended to read:

AB37-ASA1,5,8 973.015 (1m) (a) 1. (intro.) Subject to subd. 2. and except as provided in subd. 3., when a person is under the age of 25 at the time of the commission of an offense for which the person has been found guilty in a court for violation of a law for which the maximum period of imprisonment is 6 years or less, the, a court may order at the time of sentencing after a conviction that the record a criminal case be expunged upon successful completion of the sentence if the court determines the person will benefit and society will not be harmed by this disposition. by one of the following methods:

AB37-ASA1,5,11 (d) This subsection does not apply to information maintained by the department of transportation regarding a conviction that is required to be included in a record kept under s. 343.23 (2) (a).

AB37-ASA1,13 Section 13. 973.015 (1m) (a) 1. a. and b. of the statutes are created to read:

AB37-ASA1,5,17 973.015 (1m) (a) 1. a. Except as provided in subd. 3., the court may order at the time of sentencing that the record be expunged upon successful completion of the sentence if the court determines that the person has not previously had a record expunged under this section and that the person will benefit and society will not be harmed by this disposition.

AB37-ASA1,6,19 b. If at least one year has passed since the person successfully completed his or her sentence, the person may file a petition in the county of conviction requesting that the record be expunged. For an initial petition, unless the person submits an affidavit swearing that he or she is unable to pay the fee and the court waives it, the person shall pay to the clerk of circuit court a $20 fee to be retained for the use of the county. For a 2nd petition regarding the same record, the person shall pay to the clerk of circuit court a $100 fee to be retained for the use of the county. Upon receipt of the petition, the court shall review the petition to determine if the person is ineligible to petition for expungement. A person is ineligible to petition for expungement if the record is not available for the court to review, subd. 3. or 4. applies, less than one year has passed since the person successfully completed his or her sentence, there are criminal charges pending against the person, the person has previously had a record expunged under this section, or the person has exceeded the maximum number of petitions allowed under this subd. 1. b. If the court determines the person is eligible to petition for expungement, the court shall forward the petition to the district attorney. If the district attorney requests a hearing within 90 days after the court forwards the petition, the court shall schedule a hearing to review the petition. If the district attorney waives the hearing or at least 90 days have passed since the court forwarded the petition, the court may review the petition with or without a hearing. If a hearing is scheduled, then if practicable, the sentencing judge shall be the judge to review the petition. The court may order that the record be expunged if the court determines the person will benefit and society will not be harmed by this disposition. If the court orders a record be expunged under this subd. 1. b., the record shall be expunged within 120 days of the order. If the court does not order the record be expunged under this subd. 1. b., the person may file a 2nd petition under this subd. 1. b. only if at least 2 years have passed since he or she filed the first petition. No person may file more than 2 petitions per record under this subd. 1. b.

AB37-ASA1,14 Section 14 . 973.015 (1m) (a) 3. a. of the statutes is amended to read:

AB37-ASA1,7,3 973.015 (1m) (a) 3. a. A Class H felony, if the person has, in his or her lifetime, been convicted of a prior felony offense, or if the felony is a violent offense, as defined in s. 301.048 (2) (bm), or is a violation of s. 940.32, 948.03 (2), (3), or (5) (a) 1., 2., 3., or 4. 301.45 (6) (a) 1. or (ag) 1., 301.47 (3) (a), 301.475 (2) (b), 346.17 (3) (b), 940.30, 940.32 (2m), 941.20 (1m) (b), 941.21, 941.31 (2) (b), 943.23 (2) (a) or (3g), 944.18 (3) (a), 946.42 (2m), 946.425 (1), (1m) (b), or (1r) (b), 946.50 (5p), 948.055 (2) (b), or 948.095, is a 2nd or subsequent violation of s. 951.08 (1) or (2), or is an attempt to commit a violation of 941.21 or 948.055 (2) (b).

AB37-ASA1,15 Section 15 . 973.015 (1m) (a) 3. b. of the statutes is amended to read:

AB37-ASA1,7,12 973.015 (1m) (a) 3. b. A Class I felony, if the person has, in his or her lifetime, been convicted of a prior felony offense, or if the felony is a violent offense, as defined in s. 301.048 (2) (bm), or is a violation of s. 12.09, 12.11, 12.13 (1), (2) (b) 1. to 7. or (3) (a), (e), (f), (j), (k), (L), (m), (y), or (z), 13.05, 13.06, 19.45 (13), 19.59 (1) (br), 940.19 (2), 940.195 (2), 940.208, 940.32 (2) or (2e), 941.38 (2), 943.23 (3) (a), 947.019 (1), 948.10 (1) (a), 948.14 (2), 948.23 (1) (a), or 948.61 (2) (b), is a violation penalized under s. 11.1401 (1) (a) or (b), or is a violation of s. 951.02 or 951.06 if the violation is a Class I felony under s. 951.18 (1).

AB37-ASA1,16 Section 16. 973.015 (1m) (a) 3. c., d., e., f. and g. and 4. of the statutes are created to read:

AB37-ASA1,7,16 973.015 (1m) (a) 3. c. A crime that was committed by a person who had attained the age of 25.

AB37-ASA1,7,17 d. A crime for which the maximum period of imprisonment is more than 6 years.

AB37-ASA1,7,19 e. A violation of s. 943.14 or, if the court noted in the record that the property damaged was a business, a violation of s. 943.01.

AB37-ASA1,7,21 f. A violation of a temporary restraining order or injunction issued under s. 813.12 (3) or (4).

AB37-ASA1,7,22 g. A violation of chs. 341 to 348.

AB37-ASA1,7,24 4. The court may order at the time of sentencing that the record is ineligible for expungement.

AB37-ASA1,17 Section 17. 973.015 (1m) (b) of the statutes is amended to read:

AB37-ASA1,8,16 973.015 (1m) (b) A For purposes of par. (a), a person has successfully completed the sentence if the person has completed all periods of incarceration, parole, or extended supervision to which he or she was sentenced; the person has paid all fines, costs, fees, surcharges, and restitution assessed and has completed any court-ordered community service; the person has not been convicted of a subsequent offense crime; and, if on probation was imposed, the probation has not been revoked and the probationer has satisfied the conditions of probation. Upon successful completion of the a sentence involving incarceration or probation, the detaining or probationary authority shall issue and forward to the court of record a certificate of discharge which shall be forwarded to the court of record and which shall have the effect of expunging the record that indicates whether the person successfully completed his or her sentence. If the court has ordered the record expunged under par. (a) 1. a. or 2. and the person has successfully completed the sentence, the person's record shall be expunged as ordered. If the person has been imprisoned incarcerated, the detaining authority shall also forward a copy of the certificate of discharge to the department.

AB37-ASA1,18 Section 18. 973.015 (1m) (c) of the statutes is created to read:

AB37-ASA1,9,6 973.015 (1m) (c) Upon receipt of a petition under par. (a) 1. b., the district attorney shall make a reasonable attempt to notify the victim, as defined in s. 950.02 (4), of the petition. In the notice, the district attorney shall inform the victim that he or she may waive the hearing requirement and that, if waived, the court may review the petition without a hearing. The district attorney shall inform the victim of the manner in which he or she may provide written statements concerning the petition and, if the victim does not waive the hearing requirement, that he or she may appear at the hearing. If the victim waives the hearing requirement, the district attorney may inform the court that there is no objection to waiving the hearing requirement. Notwithstanding the confidentiality of victim address information obtained under s. 302.113 (9g) (g) 3., a district attorney who is required to make a reasonable attempt to notify a victim under this paragraph may obtain from the clerk of the circuit court the victim address information that the victim provided to the clerk under s. 302.113 (9g) (g) 3.

AB37-ASA1,19 Section 19. 973.015 (4) of the statutes is created to read:

AB37-ASA1,9,11 973.015 (4) A record of a crime expunged under this section is not considered a conviction for employment purposes or for purposes of the issuance of a license, as defined in s. 111.32 (10), by a licensing agency, as defined in s. 111.32 (11). This subsection does not apply to the extent that its application conflicts with federal law.

AB37-ASA1,20 Section 20. 973.25 (1) (a) of the statutes is amended to read:

AB37-ASA1,9,16 973.25 (1) (a) “Certificate of qualification for employment” means a certificate issued by the council on offender employment that provides an offender with relief from a collateral sanction, except that it does not provide relief from s. 48.685 (5m), 50.065 (4m), or 111.335 (3) (a) (ar), (b), (c), or (e) or (4) (h) or (i).

AB37-ASA1,21 Section 21. Initial applicability.

AB37-ASA1,9,22 (1) The treatment of s. 973.015 (1m) (a) 3. a., b., c., d., e., f., and g. and 4., (b), and (c), the renumbering and amendment of s. 973.015 (1m) (a) 1., and the creation of s. 973.015 (1m) (a) 1. a. and b. first apply to any conviction for which sentencing has occurred but for which the record has not been ordered expunged on the effective date of this subsection.

AB37-ASA1,22 Section 22. Effective date.

AB37-ASA1,10,2 (1) This act takes effect on the first day of the 13th month beginning after publication.

AB37-ASA1,10,3 (End)