Wisconsin Expungement

Guidance on Wisconsin expungement eligibility and the steps required to seal court records after successful completion of a sentence.

Novreske Law Office, LLC

Practice

Wisconsin Direct Appeals

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

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.

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.

Wisconsin Petitions for Sentence Modification

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

Wisconsin Knight Petitions

Petitions for writ of habeas corpus in the Wisconsin Court of Appeals challenging ineffective assistance of appellate counsel in criminal cases.

Federal Direct Appeals

Representation in direct appeals from federal criminal convictions and sentences in the United States Court of Appeals for the Seventh Circuit.

Federal § 2255 Motions

Motions under 28 U.S.C. § 2255 challenging federal convictions and sentences based on constitutional violations, including ineffective assistance of counsel.

Federal Habeas Corpus § 2254

Federal habeas corpus petitions under 28 U.S.C. § 2254 challenging Wisconsin state convictions on federal constitutional grounds.

U.S. Supreme Court Certiorari Petitions

Preparation of petitions for writ of certiorari seeking United States Supreme Court review of state and federal criminal cases.

Child Pornography and CSAM Defense

Defense of Wisconsin and federal child pornography charges, including CyberTipline investigations, digital forensics, and Fourth Amendment litigation.

Freenet / Hyphanet Cases

National defense representation, consulting, and training in child pornography cases arising from the anonymous peer-to-peer network Freenet/Hyphanet.

Wisconsin Expungement

Guidance on Wisconsin expungement eligibility and the steps required to seal court records after successful completion of a sentence.

Injunction Proceedings

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

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.

To discuss your case confidentially, contact Novreske Law Office.