If you or a loved one is convicted of a crime, you probably want to get beyond that mistake quickly. Is there any way to remove the charges from your record?
“Wisconsin and Minnesota have very separate systems for expungement,” said attorney David Pierce. “In Wisconsin, you can only get expungement if you request it at the time of sentencing and you are under age 25.”
“Expungement was originally designed for drug offenses,” said Pierce. “Now more offenses can be expunged unless they are very serious or sexual criminal offenses.”
In Minnesota, expungement is not limited by age and a request to seal records may be requested at any time, even years after the sentencing.
Through expungement, a judge orders records sealed related to arrest, conviction and sentence, assuming the sentence and other conditions like probation are met, there are no subsequent crimes, and you are not a risk to society.
Among the most important reasons to seek expungement is employment. In Wisconsin, according to Pierce, employers cannot make hiring decisions based on criminal records unless the crime “substantially relates” to the work. A bank has the right not to hire someone if he or she was convicted of stealing. “If you are convicted of disorderly conduct, it wouldn’t substantially relate to a job as a cashier.”
Governors and presidents may issue pardons, which are forgiveness for crimes. Such decisions can be controversial or have political implications. While Governor Walker granted no pardons during his eight years in office, Governor Evers is pardoning felony convictions under the right circumstances. It’s worth noting that a pardon has been taking 18 months to complete, and Governor Evers only has 24 months left in his term.
Even if your record is expunged, the files will still exist even if sealed. Police still have access to them, but your prior record is not open to the public without a court order and “can’t be used as a weapon against you in court.”
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