Re: WI: What about expungement in WI?
Posted by John on 2/15/06
On 11/30/05, Troy wrote:
> On 7/07/05, matthew wrote:
>> Can you please email me contact info for mr. johnson?
>>
>> thanks
>>
>> On 1/27/05, jeremy wrote:
>>> On 12/08/03, Rich wrote:
>>>> Domestic Confiscation Law
>>>>
>>>> I have one thing on my record and I can't own a firearm!
>>>> I have a Class B Misdemeanor linked with domestic
>>>> violence. I haven't even had a speeding ticket in over 11
>>>> years! The issue with the domestic violence was with my
>>>> girlfriend and now wife of 9 years. We had a spat with no
>>>> physical harm done! Now I have to play around with this
>>>> legal crap the rest of my life --- Where is our 2nd
>>>> amendment going!
>>>>
>>>> How do I go about getting expunged from this? I'm not
>>>> waiting to see if H.R. Bill 276 to repeal this law
>>>> passes. Another already failed in 2001 and unless it gets
>>>> into the media, this one will too.
>>>> I already spoke with an ATF agent and he agrees this law
>>>> is too broad and needs fine tuning. That’s darn funny
>>>> when you have professionals in the field telling you those
>>>> things! So far I have obtained a copy of my firearms non-
>>>> approval from the state and will be getting my court
>>>> transcripts soon. What else can I do and what would the
>>>> next steps be. I was told I can arrange the expungement
>>>> on my own through the court house in which I was
>>>> sentenced. If it helps, I know a Judge who works in that
>>>> county. Would it be wise to get his opinion?
>>>>
>>>> Thanks for any help!
>>>> Frustrated in Wisconsin
>>>>
>>>>
>>>> You can get a lawyer and have it either ammended from a
>>> class b or expung it completely from your record. attny tom
>>> johnson fixed mine. he is out of new london, wi. good luck
>
>
>
> As far I as could find, you only can get expungement if you were
> underage to the time of the crime.
>
> Wisconsin law allows a judge to "expunge" a case in only two
> situations, both involving youthful offenders:
>
> Misdemeanors committed by a person under 21. If the judge
> ordered expunction upon successful completion of the sentence,
> the record can be expunged. See §973.015, Wis. Stats.
>
> Adjudication of a juvenile delinquent. A juvenile who has been
> adjudged delinquent can, upon reaching age 17, petition the
> judge for expunction of the juvenile adjudication. See §938.355,
> Wis. Stats.
>
> An expunged case is sealed by the clerk of court and is
> available to be viewed only with a court order. A judge has no
> other authority or power to expunge cases, and there are no
> similar provisions for other types of cases.
I thought you had to have a case reopened and find reason for
dismissal, therefor the arrest is gone as well as the conviction,
I don't believe that there are expungememts or seals for anyone
other than a minor in Wisconsin. Pardons and forgiveness is done
but that is not something that would help you, maybe a murderer.
I would be interested in following up on this. Any new
information, please let me know.
John.