Mandatory Expungement

WISCONSIN Laws

When are Expungement Orders Mandatory?

Under Wisconsin statutory law, if a person is convicted (i.e. found guilty) of an offense listed below (Wisconsin Statutes 942.08(2) (b), (c), or (d)) AND the person was UNDER the age of 18 years when the offense was committed, the Court shall include in the sentencing order that the person's record must be Expunged upon SUCCESSFUL completion of the sentence.

1. A Class A Misdemeanor by:
   1. Knowingly installing a surveillance device in any private place with the intent to observe any nude or partially nude person without that person's consent, or
   2. Using a surveillance device that has been installed in a private place with the intent to observe any nude or partially nude person without that person's consent, or
   3. Looking into a private place that is, or is part of, a public accommodation, and in which a person may reasonably be expected to be nude or partially nude for the purpose of sexual arousal or gratification and without the consent of each person who is present in the private place, or
   4. Entering another person's private property without that person's consent or entering an enclosed or unenclosed common area of a multiunit dwelling or condominium and looking into any individual's dwelling unit if all of the following apply:
      1. The actor looks into the dwelling unit for the purpose of sexual arousal or gratification and with the intent to intrude upon or interfere with an individual's privacy, and
      2. The actor looks into a part of the dwelling unit in which an individual is present, and
      3. The individual has a reasonable expectation of privacy in that part of the dwelling unit, and
      4. The individual does not consent to the actor looking into that part of the dwelling.

When May An Expungement NOT Be Ordered?

Under Wisconsin law, a Court may NOT order a record of a conviction to be expunged for any of the following offenses:

1. Class H Felony, if the person has, in his or her lifetime, ever been convicted of a prior Felony offense, or if the Felony is a violent offense, as defined in s. 301.048 (2) (bm), or is a violation of s. 940.32, 948.03 (2) or (3), or 948.095.
2. Class I Felony, if the person has, in his or her lifetime, ever been convicted of a prior Felony offense, or if the Felony is a violent offense, as defined in s. 301.048 (2) (bm), or is a violation of s. 948.23 (1) (a).

A person has successfully completed the sentence if the person has not been convicted of a subsequent offense and, if on probation, the probation has not been revoked and the probationer has satisfied the conditions of probation.