How to Clear Your Criminal Record in Wisconsin

What You Need to Know First

Wisconsin has one of the most restrictive expungement laws in the country. Only people who were under age 25 at the time of their offense, convicted of an offense carrying 6 years or less maximum imprisonment, AND had expungement ordered by the judge at sentencing can qualify. The Wisconsin Legislature has repeatedly failed to expand the law. As of 2025, reform proposals have passed the Assembly but stalled in the Senate.

The most critical rule: expungement must be requested at sentencing. Wisconsin is the only state in the country that requires the expungement decision to be made at the sentencing hearing — not after you complete your sentence. If you or your attorney did not raise expungement at sentencing, you cannot go back and get it later. This rule has permanently barred many otherwise eligible people from expungement.

If expungement was ordered at sentencing: Once you successfully complete your sentence — including all probation conditions without revocation and without a new conviction — expungement is self-executing. The probationary authority forwards a certificate of discharge to the court and your record is sealed automatically. You do not need to file a separate petition after completing your sentence.

Who Qualifies — All Four Requirements Must Be Met

ALL FOUR REQUIREMENTS MUST BE MET

Age: You were under 25 years old at the time you committed the offense
Offense level: The offense carries a maximum sentence of 6 years or less — all misdemeanors and Class H and I felonies
Ordered at sentencing: The judge ordered expungement at the time of sentencing after finding you will benefit and society will not be harmed
Sentence completion: You successfully completed your sentence — no new conviction, no probation revocation, all conditions satisfied

AUTOMATICALLY INELIGIBLE

Anyone 25 or older at the time of the offense — regardless of rehabilitation
Class A through G felonies — maximum sentence exceeds 6 years
Violent offenses as defined in Wis. Stat. § 301.048(2)(bm)
Class H or I felonies if the person has any prior felony conviction
Stalking (§ 940.32), certain child abuse offenses (§ 948.03)
OWI / intoxicated driving offenses — explicitly excluded
Anyone whose sentencing judge did not order expungement
Anyone whose probation was revoked or who received a new conviction

Note on felony convictions: Even if you were under 25 and convicted of a Class H or I felony, expungement is barred if you have any prior felony conviction in your lifetime — including one that was itself previously expunged. The prior felony bar applies to your entire history.

If You Have an Open Case — What to Do Right Now

If you are currently facing charges and you are under 25, this section is the most important part of this guide. You must ask for expungement at sentencing — or you lose the opportunity forever. Do not assume your attorney will raise it. Bring it up yourself.

1

Tell Your Attorney Before Sentencing

Before your sentencing hearing, tell your attorney you want to request expungement. Confirm they will raise it at the hearing. Courts are not required to bring up expungement on their own — it is the defendant's burden to request it. Do not wait until after sentencing.

2

The Judge Decides at Sentencing

At your sentencing hearing, the judge will determine whether to order expungement based on two factors: whether you will benefit from expungement and whether society will not be harmed. The judge must set forth in the record the facts considered and the rationale for the decision. Expungement is discretionary — meeting the eligibility criteria does not guarantee a grant.

3

Complete Your Sentence Without Violations

If expungement was ordered at sentencing, complete every condition of your sentence — probation, fines, restitution, community service — without a new conviction or probation revocation. Do not assume minor violations won't matter. Any violation of probation conditions can disqualify you even without a formal revocation.

4

Expungement Happens Automatically After Completion

When you successfully complete your sentence, the probationary or detaining authority issues a certificate of discharge and forwards it to the court of record. At that point, expungement is self-executing — you do not need to file a separate petition or take any further action. The record is sealed from public view automatically.

What If You Don't Qualify for Expungement?

Most Wisconsin residents with criminal records do not qualify for expungement. If that's your situation, you are not without options — but they are more limited.

ALTERNATIVES TO EXPUNGEMENT

Governor's Pardon: The Wisconsin Governor can grant a pardon, which forgives the offense and may restore civil rights — but does not seal or erase the record. Pardons are discretionary and require a formal application.
Arrest Record Removal: Arrests not resulting in conviction may be eligible for removal from CCAP (Wisconsin Circuit Court Access) under certain circumstances — contact the Wisconsin DOJ.
Fair Chance Hiring Laws: Wisconsin's fair chance hiring rules limit when employers can ask about criminal history — you may have more employment options than you realize even without expungement.
Certificate of Qualification for Employment (CQE): Wisconsin offers a CQE for some people with convictions — it can help remove licensing barriers even without expungement.

REFORM EFFORTS — ONGOING

The Assembly passed AB 37 in February 2024 — it would remove the age cap, allow post-sentence petitions, and make reforms retroactive
The Senate did not act on AB 37 — the bill died
Governor Evers included similar reforms in his 2025 budget proposal — the Legislature stripped them
Check every year — if the law changes, previously ineligible people may gain access to expungement

Official Forms and Resources

Wisconsin Courts — Expungement Information

Official Wisconsin court information on expungement eligibility and process under § 973.015

Visit wicourts.gov →

Wisconsin Governor's Pardon Application

Apply for a Governor's pardon if expungement is not available — may restore civil rights including firearms

Visit evers.wi.gov →

Wisconsin DOJ — Arrest Record Removal

Information on removing arrest records not resulting in conviction from Wisconsin databases

Visit doj.state.wi.us →

Find Your County Circuit Court

Find the circuit court in the county where your case was filed

Visit wicourts.gov →

Helpful Resources

FREE LEGAL HELP

Legal Action of Wisconsin

Free civil legal help for low-income Wisconsinites — including expungement guidance statewide

legalactionwi.org →

FREE LEGAL CLINIC

Clean Slate Milwaukee

Free expungement clinic in Milwaukee — helps eligible individuals navigate Wisconsin's expungement process

communityadvocates.net →

HOUSING, FOOD & BENEFITS

findhelp.org

Search thousands of free and reduced-cost programs for housing, food, work, and more in your area

findhelp.org →

JOB SEARCH HELP

American Job Centers

Free job search assistance, resume help, and training — including resources for people with records

careeronestop.org →

PARDON INFO

Wisconsin Pardon Advisory Board

Information on applying for a Wisconsin Governor's pardon — the primary alternative for those ineligible for expungement

evers.wi.gov →

COURT RECORDS

Wisconsin Circuit Court Access (WCCA)

Check your Wisconsin court record online — verify if your expungement has been applied

wcca.wicourts.gov →

Frequently Asked Questions

My sentencing was years ago and expungement was never discussed. Can I still get it? +

Almost certainly no. The Wisconsin Supreme Court ruled in State v. Arberry (2018) that expungement must be ordered at the time of sentencing — not afterward. If the judge did not order expungement at your sentencing hearing, no post-conviction petition can get you expungement. This is the most painful aspect of Wisconsin's law and the reason reform advocates have been pushing for change for years. If this applies to you, your options are a Governor's pardon or waiting to see if the Legislature changes the law.

I was 24 when I committed the offense but 25 when sentenced. Do I qualify? +

Yes — the statute looks at your age at the time the offense was committed, not your age at sentencing. If you were under 25 when the offense occurred and all other requirements are met, the age requirement is satisfied even if you turned 25 before sentencing.

Does expungement restore my gun rights in Wisconsin? +

Expungement seals the court record from public view but does not vacate the conviction itself. Because the conviction still legally exists, federal firearms disabilities that flow from a felony conviction are not automatically removed by Wisconsin expungement. For firearm rights restoration, a Governor's pardon is the more effective tool — though pardons are also discretionary. Consult a licensed Wisconsin attorney before purchasing or possessing a firearm if you have any felony conviction.

Does Wisconsin expungement destroy the record? +

No — Wisconsin expungement seals the court record from public view but does not destroy it. Law enforcement agencies and courts retain access. The criminal history repository maintained by the Wisconsin DOJ still contains the record. The conviction does not appear on Wisconsin Circuit Court Access (WCCA) public search after expungement, and most background checks will not show it — but the underlying record exists.

I violated a probation condition but wasn't formally revoked. Am I still eligible? +

Possibly not. The Wisconsin Supreme Court ruled in State v. Lickes (2021) that violating a condition of probation — even without formal revocation — can disqualify you from expungement. Successful completion of probation requires: no new conviction, no revocation, and satisfaction of all conditions. If a condition was violated but not formally revoked, whether you qualify may depend on the specific facts and how the court interprets your situation. Consult a Wisconsin attorney.

Can I legally deny the conviction after expungement? +

Generally yes — after expungement, your record is removed from public court access and will not appear on most standard background checks. Most employers and landlords conducting standard background checks will not see it. However because the conviction still legally exists in state records, certain background checks — particularly federal-level or law enforcement checks — may still show it. For most private employment and housing purposes, expungement provides meaningful protection.

After Your Record Is Expunged

After expungement in Wisconsin, your court record is sealed from public view and will not appear on WCCA or most standard background checks. You can legally deny the conviction on most job and housing applications.

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Employment

Expunged records are removed from WCCA and will not appear on most employer background checks. You can legally deny the conviction on most private job applications. Wisconsin's fair chance hiring law limits when employers can ask about criminal history. Law enforcement employers and certain regulated positions may still access expunged records.

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Gun Rights

Wisconsin expungement seals the record but does not vacate the conviction — federal firearms disabilities from a felony conviction are not automatically removed. A Governor's pardon is the more reliable pathway for restoring firearm rights after a felony in Wisconsin. Consult a licensed Wisconsin attorney before purchasing or possessing a firearm.

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Background Check Databases

The WCCA public court record is sealed. Private background check companies sourcing from Wisconsin courts should not be able to display the expunged record. However the DOJ criminal history repository retains the record — some background check services sourcing from that repository may still show it. Keep your expungement documentation and dispute any records that still appear.

For general information about what changes after expungement — including housing, employment resources, and more — visit our After Expungement page.