2021 - 2022 LEGISLATURE
2021 Senate BILL 78
February 5, 2021 - Introduced by Senators Darling, Roys, Bernier, Carpenter,
Felzkowski, Feyen, Johnson, Larson, Ringhand, L. Taylor, Testin,
Wanggaard and Wimberger, cosponsored by Representatives Steffen,
Goyke, Allen, Anderson, Andraca, Baldeh, Born, Bowen, Brooks,
Brostoff, Cabrera, Considine, Doyle, Drake, Edming, Emerson, Gundrum,
Haywood, Hebl, Kerkman, Krug, Loudenbeck, Macco, B. Meyers, Milroy,
Moses, Mursau, L. Myers, Neubauer, Novak, Ohnstad, Ortiz-Velez, Petryk,
Pope, Rozar, S. Rodriguez, Schraa, Shankland, Shelton, Skowronski,
Snodgrass, Snyder, Sortwell, Spreitzer, Subeck, Thiesfeldt, Tittl, Vining
and Zimmerman. Referred to Committee on Judiciary and Public Safety.
SB78,1,7 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) (b) and 973.25 (1) (a); and to create
4111.335 (3) (ag), 111.335 (3) (g), 973.015 (1b), 973.015 (1m) (a) 1. a. and b.,
5973.015 (1m) (a) 3. c. and d. and 4., 973.015 (1m) (c) and 973.015 (4) of the
6statutes; relating to: expungement of records of certain crimes and
7discrimination based on expunged conviction.
Analysis by the Legislative Reference Bureau
Under current law, a court may order a person's criminal record expunged of a
crime if all of the following apply: 1) the maximum term of imprisonment for the
crime is six years or less (Class H felony and below); 2) the person committed the
crime before the age of 25; 3) the person had not been previously convicted of a felony;
and 4) the crime was not a violent felony. Current law specifies that the
expungement order must be made only at sentencing and then the record is
expunged when the person completes his or her sentence.
This bill removes the condition that the person committed the crime before the
age of 25 (the bill retains the requirements that the crime be no greater than a Class
H felony, the person had no previous felony convictions, and the crime was not a
violent felony) and makes certain traffic crimes ineligible for expungement. This bill

also provides that, if the sentencing court did not order the record expunged, the
person may file a petition with the sentencing court after he or she completes his or
her sentence. Upon receipt of the petition, the court must review the petition and
then may order the record expunged or may deny the petition. If the court denies the
petition, the person may not file another petition for two years, the person must pay
a $100 fee to the county for the second petition, and no person may file more than two
petitions per crime. Finally, this bill limits a person to one expungement. The
changes described in this paragraph retroactively apply to persons who were
convicted of a crime before this bill takes effect.
This bill also allows the sentencing court to order that a person's record not be
eligible for expungement. This bill provides that, if a record is expunged of a crime,
that crime is not considered a conviction for employment purposes and specifies that
employment discrimination because of a conviction record includes requesting a
person to supply information regarding a crime if the record has been expunged of
the crime.
Finally, the bill provides that it is not employment discrimination because of
conviction record for the Law Enforcement Standards Board to consider a conviction
that has been expunged with respect to applying any standard or requirement for the
certification, decertification, or required training of law enforcement officers, tribal
law enforcement officers, jail officers, and juvenile detention officers.
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:
SB78,1 1Section 1. 111.335 (3) (a) of the statutes is renumbered 111.335 (3) (ar).
SB78,2 2Section 2. 111.335 (3) (ag) of the statutes is created to read:
SB78,2,93 111.335 (3) (ag) 1. Except as provided in par. (g), employment discrimination
4because of conviction record includes, but is not limited to, requesting an applicant,
5employee, member, licensee, or any other individual, on an application form or
6otherwise, to supply information regarding a crime the record of which has been
7expunged under s. 973.015. A request to supply information regarding criminal
8convictions shall not be construed as a request to supply information regarding a
9crime the record of which has been expunged under s. 973.015.
SB78,3,5
12. Notwithstanding par. (ar) 1., it is employment discrimination because of
2conviction record for an employer or licensing agency to engage in any act of
3employment discrimination specified in s. 111.322 on the basis of a conviction the
4record of which has been expunged under s. 973.015. This subdivision does not apply
5to the extent that its application conflicts with federal law.
SB78,3 6Section 3. 111.335 (3) (g) of the statutes is created to read:
SB78,3,117 111.335 (3) (g) Notwithstanding s. 111.322, it is not employment discrimination
8because of conviction record for the law enforcement standards board to refuse to
9certify, recertify, or allow to participate in a preparatory training program or to
10decertify under s. 165.85 an individual who has a conviction the record of which has
11been expunged under s. 973.015.
SB78,4 12Section 4. 111.335 (4) (b) of the statutes is amended to read:
SB78,3,1713 111.335 (4) (b) It is employment discrimination because of conviction record for
14a licensing agency to refuse to license any individual under sub. (3) (a) (ar) 1. or to
15bar or terminate an individual from licensing under sub. (3) (a) (ar) 1. because the
16individual was adjudicated delinquent under ch. 938 for an offense other than an
17exempt offense.
SB78,5 18Section 5. 111.335 (4) (c) 1. (intro.) of the statutes is amended to read: