No, I'm afraid not. The charge is too serious and the potential punishment exceeds the limit for offenses that can be expunged. Sorry. But continue to stay out of trouble!!
No, you cannot get your case expunged. First, 2nd Degree Sexual Assault is not an offense for which expungement can be granted. Second, you cannot go back after several years and ask for expungement to be granted. Expungement must be authorized by the judge who sentenced you at your original sentencing hearing. If it is not granted at your sentencing hearing (conditioned upon doing certain things), then it is not allowed to be granted. This has been recently litigated in the Supreme Court of Wisconsin. Be aware that expungement will ONLY remove the case from CCAP (Wisconsin Circuit Court Access website) and remove or seal the file in the clerk of courts' office. It will not remove the arrest and conviction information from the Wisconsin Department of Justice's Crime Information Bureau database. This database is shared with governmental agencies throughout the country and can be searched by most moderately thorough criminal background checks. So, expungement may not necessarily be the solution that you might think it is.
This communication is for the purposes of general advice only. This communication does not form any contractual obligation on behalf of Attorney Stephen W. Sawyer or the Law Offices of Stephen W. Sawyer.
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