Two different WI statutes possibly come into play here. The first is 973.015. This statute applies to those under the age of 25. It states eligibility for expungement requires that the expungement is approved at the time of sentencing (mine wasn't...
While I agree you should hire an attorney in the county in which you were found delinquent, the answer to part of your question is clear, juvenile law and the juvenile court judge would decide any such motion. As to grounds for your motion, there is a fairly recent Wisconsin Court of Appeals decision that PROBABLY answers your question. In interpreting 973.015, the Court ruled that the version of the statute in effect at the time of sentencing was the only version a decision on expungment can be made by a court. Logically, if there was no expungment statute in effect at the time of the disposition hearing, expungment cannot be ordered. However, there are differences between the two statutes that present an opening for a lawyer to argue otherwise. First, the juvenile version has no age or conviction limits. In other words, you could be 45 years of age when you apply having been found delinquent for homicide and the juvenile court judge would still have the option of expungment. I believe your biggest hurdle is the non-existence of an expungment statute at the time of your disposition hearing. You really need to get a lawyer knowledgable in these areas (and with your local judges and prosecuting attorneys) if you are going to have any chance.See question
It has been eleven days since the accident.
Yes, police may charge a fee for copies of police reports. I think it fair given the costs associated with generating the reports.See question
A search warrant was executed in 2010. No charges were ever filed in the matter, but the served search warrant is still visible on CCAP. Will this ever go away? Also I have noticed that some counties put this information on there while others do n...
I don't believe there is an answer other than to tell you to contact the clerk of courts for Milwaukee County and ask what there policy is. Maybe that office has some type of "appeals" policy. You could try a motion to the judge that signed the warrant but I am not sure it CAN be granted as the clerk of courts is an elected official and hence judges have minimal control over discretionary decisions which unfortunately I think CCAP policy is.See question
They breathalyzed me, and found my BAC to be .086. I never invited them into the apartment I was in, and the only other person there was my friend. They came in anyway. They arrested me, cuffed me, and searched me. It was his apartment. How do you...
In recent years, the US Supreme Court, led by Justice Anotonio Scalia, has led a resurgence of the 4Fourth Amendment when it comes to protecting people's residences. So the warrantless entry into your residence would be unlawful unless one of the narrowly defined exceptions to the warrant requirement applies. There is simply not enough information in your question to come to any conclusion. In a nutshell, unless the police had consent to enter, there was an emergency situation mandating entry, the police were in hot pursuit of a person or the police were acting in their community caretaker function, the warrantless entry should lead to suppression of any evidence obtained as a result of the illegal entry into your residence. Obviously, this is a very complex area of law making the hiring of a qualified lawyer a must. Good Luck.See question
I asked my attorney this about 25 times and every time he gave me this answer so after that many times I started to believe him and that's what I based my confession on his response but yet he didn't tell the truth can anything be done. doe...
The DOJ CIB database will simply add an entry that the conviction has been expunged. The database entry in CCAP (the Wisconsin Supreme Court's public database) should be deleted. Deletion from the DOJ CIB database requires the filing of a "Fingerprint Removal Request" form. Unfortunately, the request is only granted if the conviction was dismissed. If there were multiple charges ALL of the charges must be dismissed before removal will be granted. I have spoken with the head of the unit that maintains the DOJ CIB database and its seemingly "odd" rules are the result of their interpretation of the statutes that govern the database. Good Luck.See question
A friend of mine got arrested today for a felony charge. His ex-girlfriend filed the charges. They are false, and we have proof and witnesses to show the charges are false. I know it is against the law to file false charges.. but how does a person...
I agree with the other answers given. However, there is a very little used statute that permits a person to petition a court to order that charges be issued after the District Attorney has refused. So, first beat the charge. Second, call the police and make every effort to get the matter referred to the District Attorney. If the District Attorney refuses, you may file a petition with a court asking the court to order charges be issued. In my 2entire legal career, I know of only one time in which this was done. Good Luck.See question
Is this process easy? Require court order, etc?
You can't "erase" medical records. They can be destroyed per federal and state law typically after a certain period of time. I suggest you contact an attorney who acts as in-house counsel for a larger medical conglomeration such as Aurora or Prevea. Such an attorney would be in a munch better position to answer your question.See question
Misdemeanor A. I was 18 at the time it happened, I'm 20 now
I agree, if expungment was raised at sentencing and the judge said no (it is a bit unclear from the facts you give) then expungment is not a possiblity unless you are successful in some type of appeal of your conviction are ablt to get it re-opened and try again upon remand.See question
The woman is my daughters mother and I did not sign anything for her to share anything with anyone.
Our local probation office has every file divided into two categories: medical/mental health and all other records. For the latter, such records will not be released unless the probationer signs a release specific to the medical/mental health records. These releases are standard forms issued by the DOC. If the records released related to your daughter, I suspect your agent released these records given the ex-girlfriend is the mother of your daughter. Without more information, I cannot give you a better answer. I do not know whether it is HIPA related or not. As to whether the agent has violated any laws, that is beyond my knowledge.See question
The police pulled me over for a nonworking high mounted brake light after doing a u-turn and followimg me for 13 blocks, 3 turns made total. The officer asked me for my identity two different times. Then a second police arrived at the scene and as...
You will a good local attorney. Over simplifying this area of law, a dog sniff becomes an unconstitutional search when it unreasonably extends the duration of the stop when compared to to "normal' length of time for the legal basis for the stop; in your situation a faulty rear tail light. I repeat: You need an experienced criminal defense attorney.See question