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How long do you have to wait before you can expunge your felony in Wisconsin. I was 25 the date of the offense. Can I do it?

Brookfield, WI |

I was convicted of a class i theft charge a year ago when I was 25. What will I need to do to get it expunged?

Additionally, the date of the offense was in fall 2012.

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Attorney answers 3

Posted

Under the statute, you must have "successfully completed" your sentence before you apply for expungement. You must have been under the age of twenty-five on the date of the offense in order to be eligible. For more on expungement, see: http://www.jensendefense.com/hereshow/expungeyourrecord.html

This answer is for informational purposes only. By answering this question, no attorney/client relationship is created. Although the legal information is accurate, it may not be appropriate for your situation. The best way to handle any legal problem is to seek the advice of an attorney.

Asker

Posted

Well, I was 25 on the dot when the offense occurred. Does that mean that I have to be 24, or do they mean that if I am older than 25 I am out of luck?

Jeffrey W. Jensen

Jeffrey W. Jensen

Posted

The statute reads, "a person is under the age of 25" and, therefore, if the offense occurred on your 25th birthday, my opinion is that you are not eligible for expungement.

Posted

If the trial court addressed the question at the time of sentencing, or agreed to revisit the issue, the timeline should be spelled out in your judgment of conviction. If the question was not addressed at the time of sentencing, you may not be eligible under current law without some serious post-conviction work.

You can use CCAP to check the abbreviated court minutes from your sentencing if you did not keep your copy of the judgment of conviction.

http://wcca.wicourts.gov/index.xsl

Good luck.

This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.

Posted

Additionally, most felonies cannot be expunged, only those few that are specifically designated by statute. If you were convicted of a felony that is not subject to being expunged, your only recourse is for a pardon. However, under Governor Walker's term in office, no pardons have been granted, to my knowledge.

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