first offense, nothing since this conviction. went to school for medical assistant and believe this is hindering me from obtaining emploment
Possible only if you have been "under the age of 25 at the time of the commission of an offense," and if sentencing judge stated on record at the time of sentencing that he or she is not opposing to such expunge upon completion of sentencing. See. sec. 973.015 Wis. Stats.
I agree with the previous answer, and add even if you meet those requirements whether the conviction is expunged is up to the discretion of the judge. You may still be required to disclose this on applications even if your successful in getting it expunged.
This is not intended as legal advice. It is only provided for educational purposes and cannot be relied upon as legal advice. Further no attorney client relationship is or has been formed by answering this question.
actually until recently you needed to be under the age of 21 (not the current 25). there is specific case which indicates this is not retroactive. There are still some options but you should discuss with someone who does this work in Kenosha county.
In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship. You should seek counsel in your geographic area regarding any specific questions.
Even if you met the age requirement at the time of sentencing, if expungement was not requested at the time of sentencing, it may be difficult, but you never get what you don't ask for. You will need the assistance of experienced defense counsel to have the best chance.
This answer is provided for general information only. No legal advice can be given without a consult as to the specifics of the case.
The laws on expungement have changed recently, regarding the maximum age for expungement and the procedure for expungement. It may require some inventive lawyering and an agreeable prosecutor to get anywhere. You should check with a local attorney to see if it would be possible to reopen the case to then see if it could be expunged. However, as noted in previous answers, it is possible that even if this were expunged, you would still be obligated to disclose it on a job application.
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