SB70-SSA2-SA2,710 7Section 710. 973.015 (1m) (a) 1. a. and b. of the statutes are created to read:
SB70-SSA2-SA2,325,128 973.015 (1m) (a) 1. a. Except as provided in subd. 3., the court may order at the
9time of sentencing that the record be expunged upon successful completion of the
10sentence if the court determines that the person has not previously had a record
11expunged under this section and that the person will benefit and society will not be
12harmed by this disposition.
SB70-SSA2-SA2,326,913 b. If at least one year has passed since the person successfully completed his
14or her sentence, the person may file a petition in the county of conviction requesting
15that the record be expunged. Upon receipt of the petition, the court shall review the
16petition to determine if the person is ineligible to petition for expungement because
17subd. 3. or 4. applies, less than one year has passed since the person successfully
18completed his or her sentence, there are criminal charges pending against the
19person, the person has previously had a record expunged under this section, or the
20person has exceeded the maximum number of petitions allowed under this subd. 1.
21b. If the court determines the person is eligible to petition for expungement, the court
22shall forward the petition to the district attorney. If the district attorney requests
23a hearing within 90 days after the court forwards the petition, the court shall
24schedule a hearing to review the petition. If the district attorney waives the hearing
25or at least 90 days have passed since the court forwarded the petition, the court may

1review the petition with or without a hearing. If a hearing is scheduled, then if
2practicable, the sentencing judge shall be the judge to review the petition. The court
3may order that the record be expunged if the court determines the person will benefit
4and society will not be harmed by this disposition. If the court does not order the
5record be expunged under this subd. 1. b., the person may file a 2nd petition under
6this subd. 1. b. only if at least 2 years have passed since he or she filed the first
7petition. No person may file more than 2 petitions per record under this subd. 1. b.
8For a 2nd petition regarding the same record, the person shall pay to the clerk of
9circuit court a $100 fee to be retained for the use of the county.
SB70-SSA2-SA2,711 10Section 711. 973.015 (1m) (a) 3. a. of the statutes is amended to read:
SB70-SSA2-SA2,326,1411 973.015 (1m) (a) 3. a. A Class H felony, if the person has, in his or her lifetime,
12been convicted of a prior felony offense, or if the felony is a violent offense, as defined
13in s. 301.048 (2) (bm), or is a violation of s. 940.32, 948.03 (2), (3), or (5) (a) 1., 2., 3.,
14or 4., or 948.095.
SB70-SSA2-SA2,712 15Section 712. 973.015 (1m) (a) 3. c., cg., cr. and d. and 4. of the statutes are
16created to read:
SB70-SSA2-SA2,326,1817 973.015 (1m) (a) 3. c. A crime for which the maximum period of imprisonment
18is more than 6 years.
SB70-SSA2-SA2,326,2019 cg. A violation of s. 940.32 or 943.14 or, if the court noted in the record that the
20property damaged was a business, a violation of s. 943.01.
SB70-SSA2-SA2,326,2221 cr. A violation of a temporary restraining order or injunction issued under s.
22813.12 (3) or (4).
SB70-SSA2-SA2,326,2323 d. A violation of chs. 341 to 348.
SB70-SSA2-SA2,326,2524 4. The court may order at the time of sentencing that the record is ineligible
25for expungement.
SB70-SSA2-SA2,713
1Section 713. 973.015 (1m) (b) of the statutes is amended to read:
SB70-SSA2-SA2,327,172 973.015 (1m) (b) A For purposes of par. (a), a person has successfully
3completed the sentence if the person has completed all periods of incarceration,
4parole, or extended supervision to which he or she was sentenced; the person has paid
5all fines, costs, fees, surcharges, and restitution assessed and has completed any
6court-ordered community service; the person
has not been convicted of a subsequent
7offense crime; and, if on probation was imposed, the probation has not been revoked
8and the probationer has satisfied the conditions of probation. Upon successful
9completion of the a sentence involving incarceration or probation, the detaining or
10probationary authority shall issue and forward to the court of record a certificate of
11discharge which shall be forwarded to the court of record and which shall have the
12effect of expunging the record
that indicates whether the person successfully
13completed his or her sentence. If the court has ordered the record expunged under
14par. (a) 1. a. or 2. and the person has successfully completed the sentence, the person's
15record shall be expunged as ordered
. If the person has been imprisoned incarcerated,
16the detaining authority shall also forward a copy of the certificate of discharge to the
17department.
SB70-SSA2-SA2,714 18Section 714. 973.015 (1m) (c) of the statutes is created to read:
SB70-SSA2-SA2,328,719 973.015 (1m) (c) Upon receipt of a petition under par. (a) 1. b., the district
20attorney shall make a reasonable attempt to notify the victim, as defined in s. 950.02
21(4), of the petition. In the notice, the district attorney shall inform the victim that
22he or she may waive the hearing requirement and that, if waived, the court may
23review the petition without a hearing. The district attorney shall inform the victim
24of the manner in which he or she may provide written statements concerning the
25petition and, if the victim does not waive the hearing requirement, that he or she may

1appear at the hearing. If the victim waives the hearing requirement, the district
2attorney may inform the court that there is no objection to waiving the hearing
3requirement. Notwithstanding the confidentiality of victim address information
4obtained under s. 302.113 (9g) (g) 3., a district attorney who is required to make a
5reasonable attempt to notify a victim under this paragraph may obtain from the clerk
6of the circuit court the victim address information that the victim provided to the
7clerk under s. 302.113 (9g) (g) 3.
SB70-SSA2-SA2,715 8Section 715. 973.015 (4) of the statutes is created to read:
SB70-SSA2-SA2,328,129 973.015 (4) A record of a crime expunged under this section is not considered
10a conviction for employment purposes or for purposes of the issuance of a license, as
11defined in s. 111.32 (10), by a licensing agency, as defined in s. 111.32 (11). This
12subsection does not apply to the extent that its application conflicts with federal law.
SB70-SSA2-SA2,716 13Section 716. 973.25 (1) (a) of the statutes is amended to read:
SB70-SSA2-SA2,328,1714 973.25 (1) (a) “Certificate of qualification for employment” means a certificate
15issued by the council on offender employment that provides an offender with relief
16from a collateral sanction, except that it does not provide relief from s. 48.685 (5m),
1750.065 (4m), or 111.335 (3) (a) (ar), (b), (c), or (e) or (4) (h) or (i).
SB70-SSA2-SA2,9351 18Section 9351. Initial applicability; Other.
SB70-SSA2-SA2,328,2319 (1ex) Expungement. The treatment of s. 973.015 (1m) (a) 3. a., c., cg., cr., and
20d. and 4., (b), and (c), the renumbering and amendment of s. 973.015 (1m) (a) 1., and
21the creation of s. 973.015 (1m) (a) 1. a. and b. first apply to any conviction for which
22sentencing has occurred but for which the record has not been ordered expunged on
23the effective date of this subsection.
SB70-SSA2-SA2,9451 24Section 9451. Effective dates; Other.
SB70-SSA2-SA2,329,6
1(1ex) Expungement. The treatment of ss. 111.335 (3) (a), (ah), and (g) and (4)
2(b), (c) 1. (intro.), (e), and (f) 1., 950.04 (1v) (g), 973.015 (1b), (1m) (a) 3. a., c., cg., cr.,
3and d. and 4., (b), and (c), and (4), and 973.25 (1) (a), the renumbering and
4amendment of s. 973.015 (1m) (a) 1., the creation of s. 973.015 (1m) (a) 1. a. and b.,
5and Section 9351 (1ex) of this act take effect on the first day of the 13th month
6beginning after publication.”.
SB70-SSA2-SA2,329,7 7283. Page 374, line 11: after that line insert:
SB70-SSA2-SA2,329,9 8 Section 717. 20.005 (3) (schedule) of the statutes: at the appropriate place,
9insert the following amounts for the purposes indicated: - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF - See PDF for table PDF
SB70-SSA2-SA2,718 10Section 718. 20.455 (5) (bf) of the statutes is created to read:
SB70-SSA2-SA2,329,1311 20.455 (5) (bf) Grants to provide services to crime victims. As a continuing
12appropriation, the amounts in the schedule to provide grants under s. 165.935 for
13crime victim service programs.
SB70-SSA2-SA2,719 14Section 719. 165.935 of the statutes is created to read:
SB70-SSA2-SA2,329,17 15165.935 Grants for crime victim services. The department of justice shall
16award grants from the appropriation under s. 20.455 (5) (bf) to organizations that
17provide services for crime victims.”.