I have received an expungement in the State of wisconsin. Am I capable of movie and the expungement will still be in affect?
Family Law Attorney
My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.
Criminal Defense Attorney
Your question is a little unclear.
If you mean that a judge has found you eligible for expungement at a particular time and you're wondering if you can still obtain that expungement upon moving, then the answer is yes. However, when found eligible for expungement in Wisconsin, you will still have to petition the sentencing court to issue the expungement at the appropriate time. The expungement doesn't go into effect automatically if the sentencing judge states that you're, "eligible for expungement." An attorney should be able to help you with a motion for expungement at the appropriate time for a very minimal fee.
If your question is whether your charge is still expunged upon moving if the expungement has already been granted and entered, then the answer is yes. However, you must understand that expungement in Wisconsin does not eliminate your record of arrest and conviction in law enforcement and prosecutor databases. Wisconsin expungement merely results in the destruction of the court records pertaining to the expunged charge and even online, public CCAP records may remain unless a specific order is issued to eliminate those records.
Finally, expungement does not mean that you were not convicted. The formal opinion of the WI Dept. of Justice is that a person must answer that they have been convicted of an offense when asked if that conviction was expunged. If you were to answer this question with a "no" and a background check is conducted, it is likely that a police record of the conviction would be revealed and you could be viewed in a worse context than if you had acknowledged the conviction.
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