Novreske Law Office, LLC

Criminal Appeals, Postconviction, and Internet Crimes Against Children

Novreske Law Office, LLC

Practice

Child Pornography/CSAM and other Internet Crimes Against Children (ICAC)

Trial-level and appellate or postconviction representation in cases involving allegations of possession, distribution, or production of child sexual abuse material; internet crimes against children, and cases at the intersection of technology and the Fourth Amendment.

Federal Direct Appeals

Representation in direct appeals from criminal convictions in federal courts, addressing trial errors, evidentiary issues, and constitutional violations.

Wisconsin Direct Appeals

Representation in direct appeals from criminal convictions in Wisconsin state courts, addressing trial errors, evidentiary issues, and constitutional violations.

Freenet/Hyphanet Cases

Specialized representation and consultation in cases involving the anonymous peer-to-peer network Freenet/Hyphanet, with expertise in Fourth Amendment technology issues.

Injunction Proceedings

Representation of victims of domestic abuse, stalking, and harassment in injunction proceedings on a case-by-case basis.

Federal Habeas Corpus - Section 2254

Federal court challenges to state court convictions based on constitutional violations that were not properly addressed in state proceedings.

Wisconsin Supreme Court Petitions for Review

Preparation and argument of petitions to the Wisconsin Supreme Court, seeking review of Court of Appeals decisions in criminal cases.

Federal Habeas Corpus - Section 2255

Post-conviction motions challenging federal convictions based on constitutional violations, ineffective assistance, or jurisdictional issues.

Wisconsin Knight Petitions

Specialized petitions addressing ineffective assistance of appellate counsel in Wisconsin criminal cases.

Federal Petitions for Writ of Certiorari

Petitions to the United States Supreme Court seeking review of federal appellate court decisions in criminal cases.

Wisconsin Petitions for Sentence Modification

Motions seeking reduction or modification of criminal sentences based on new factors or changed circumstances.

Wisconsin Stat. 974.06 Collateral Attacks

Challenges to a conviction filed after an unsuccessful direct appeal or after the timeline for a direct appeal has expired.

Expungements

Expungement of Misdemeanors and Class H and I Felonies

Expungements

Expungement of Misdemeanors and Class H and I Felonies

At the time of sentencing, a judge may order that court records related to a person's conviction be expunged, or removed, if the person meets certain eligibility requirements and successfully completes the sentence. An expungement does not reverse or set aside the conviction; instead, it removes and seals all records relating to the conviction from the court's record system.

A court can order expungement (with a few exceptions) only if all of the following criteria apply:

  • The person was under the age of 25 when he or she committed the offense.
  • The offense has a maximum penalty of six or fewer years of imprisonment (i.e., only misdemeanors, Class H, and Class I felonies are eligible for expungement).
  • The sentencing court determines that the person will benefit from having the record expunged.
  • The sentencing court determines that society will not be harmed by the expungement.
  • The person successfully completed his or her sentence, which means that the person has completed serving all ordered confinement time in jail or prison, has served all required time on extended supervision or probation, has not been convicted of a subsequent offense, completed probation without being revoked, and satisfied all financial obligations that were made a condition of probation or extended supervision during the supervision period.

For Class H and Class I felonies, the person must not have a prior felony conviction and the offense cannot be defined as a violent offense, stalking, intentional or reckless child abuse, sexual assault, or concealing the death of a child.

Expungement is not automatic even if the court permits expungement at sentencing. Upon completion of the sentence, there are several steps the person must take to effectuate the expungement.