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Will my expungement help me in other states?

Milwaukee, WI |

I have received an expungement in the State of wisconsin. Am I capable of movie and the expungement will still be in affect?

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Attorney answers 3

Posted

Yes, yes

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.

Posted

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.

Asker

Posted

What is the point of an expungement, If you can not say no on a application. Do you think their is a way I can have a judge request that I have my fingerprints from Wis DOJ?

J Steven House

J Steven House

Posted

Wisconsin's expungement law just doesn't provide much benefit. You can ask and the judge can order removal of finger print records or other police records, but the DOJ will not honor the order.

Asker

Posted

So, it might be a small chance that DOJ will honor it, because its rare for a judge to ask?

Asker

Posted

Or, what if I asked the Judge to to write a letter of dismissal/ Would that work?

Asker

Posted

Like, he would say, 'that my conviction is dismiss' since the record was expunged anyway.

J Steven House

J Steven House

Posted

A judge has no legal authority to reopen and dismiss a conviction merely because a defendant was found eligible for engagement. The DOJ will not destroy their records no matter what a trial court judge orders because the Wisconsin Supreme Court has ruled expungement only applies to court records. See, State v. Leitner, 2002 WI 77 Regardless if you remain in WI or travel to another state, a conviction for a criminal offense will remain on your law enforcement record despite an expungement in WI.

Posted

If you received an expungement, it will be honored in the other states.