Expungement of Juvenile Records in Wisconsin

Wisconsin juvenile crimes are particularly disturbing. It can be alarming to learn the age of the perpetrator and many people often wonder how the juvenile’s future will play out. They aren’t alone in wondering about this. Doctors, judges, and prosecutors have all wondered how age impacts a juvenile’s actions, particularly now that medical research suggests that the human brain is not fully developed until the age of 25.

But even if a defendant’s age is under 25, age alone cannot be used as an excuse for the dismissal of charges or leniency in sentencing. A crime is still a crime, after all. One advantage that juveniles have that adults do not have is that juvenile records may be expunged.

Juvenile Record Expungement Under Wisconsin Law

Individuals who qualify as juveniles at the time of their crime may make a request to have their records expunged. Expungement removes your name from the criminal records of the case but does not overturn your conviction. Having your name removed from the case records can make it easier to secure a job, enroll in a college or university, or find housing.

Juvenile records can be expunged in Wisconsin under certain conditions. These include:

• The applicant was under 25 years of age when the crime was committed.
• The crime was a misdemeanor or a low-level, non-violent felony.
• Guilt was admitted and the punishment was fully completed, including probation terms.
• The potential consequence for the crime had a maximum imprisonment period of up to six years.

Each of the conditions listed above must be met in order to request a records expungement.

2021 Ruling from the WI Supreme Court

In June 2021, the state Supreme Court tightened the rules related to juvenile records expungement. The Court ruled that sentencing judges could not give leniency when expunging a young adult’s record if that same person violated any condition of their punishment or probation sentence. The decision was not unanimous with the dissent arguing that judges should have some discretion in leniency taking into account how large or small the infraction committed by the juvenile during their sentencing term was and how it affected their punishment.

Contact Eisenberg Law for Help with Juvenile Records Expungement

Expungement can be very effective in helping a young adult clear the path toward a more successful future. If you or a family member are interested in having juvenile records expunged, contact Eisenberg Law Offices in Madison, Wisconsin for help. We can help you understand how expungement works, determine if you or your loved one is eligible for expungement, and file the request and represent you to the judge.

Learn more about expungement in a private and confidential meeting with one of our criminal defense attorneys. Call 608-256-8356 or email info@eisenberglaw.org to schedule a free consultation.