How Could the Proposed WI 2024 Expungement Law Help You?

 Posted on September 30,2024 in Criminal Defense

A proposed expungement law in Wisconsin could allow thousands of eligible individuals to wipe the slate clean and start fresh. We have all made mistakes in our lives. Those mistakes might have been because we were young and naïve, we listened to someone in our lives that we should not have, or we simply made a bad decision.

The mistakes might have resulted in the necessity of hiring a criminal defense attorney, spending time in jail, and paying steep fines. A single mistake in an individual’s life should not follow him or her forever, yet that is often the reality, particularly since Wisconsin’s expungement laws are among the strictest in the United States.

The proposed change in Wisconsin’s expungement law would expand eligibility for the expungement of prior criminal records, providing many with a fresh start. The legislation also pushes law enforcement to place their focus more on violent crimes in the state rather than issues like simple possession of marijuana. If you made a mistake and have paid your debt to society, speak to a knowledgeable Jefferson County, WI criminal defense attorney from Bucher Law Group, LLC for information regarding expungement.   

What Are the Key Changes to Wisconsin Expungement Laws the Bill Would Make?

Currently, only those with convictions for misdemeanors or non-violent felonies, those whose sentencing took place before they turned 25, and those who successfully completed their sentence are eligible for expungement. The 2024 bill, if signed into law, would broaden eligibility significantly, with many more offenses becoming eligible for expungement. 

The new process would automatically seal records for those with eligible misdemeanor convictions three years after release, eliminating the need to petition for expungement. This would significantly diminish barriers to employment for those with a criminal record, allow those convicted of non-violent, low-level offenses to clear their records, and expand expungement eligibility. While severe offenses (like murder) would remain ineligible for expungement, many more offenses would become eligible.  

Why Has the Proposed Expungement Law Not Passed?

Representative David Steffen has presented this expungement bill more than once, arguing that it is simply common sense given the ever-shrinking Wisconsin workforce's desperate need for new hires.  Those over the age of 25 would be allowed to clear their criminal record, opening many doors involving employment and housing. This same expungement bill passed the House two prior times, only to die in the Senate. Another Representative noted, "We see it every day: good people who are just trying to get their lives back on track…and they can’t."

What is Bad About Wisconsin’s Current Expungement Laws?

Under the current expungement laws, past and closed cases are not eligible for expungement. Further, individuals are required to apply for expungement at the time of their sentencing, or they will never be eligible to have their criminal records expunged. This leaves those over the age of 25 who commit a misdemeanor or a low-level, non-violent felony unable to secure an expungement and wipe their criminal record clean.

Joblessness is the single most important predictor of recidivism, and while previously incarcerated individuals want to work, it can be extremely difficult to convince an employer to give them a chance. Those who are able to have their conviction expunged will see an almost immediate increase in work opportunities.

Under the new law, they could also secure a mortgage or finish an education. The expungement bill continues to face a rocky road in the Senate, with those who oppose the bill stating it would overwhelm Wisconsin courts with expungement requests. Despite continued opposition, Steffen is optimistic that the bill will eventually pass.

Contact a Waukesha County, WI Criminal Defense Lawyer

If you are unsure whether you are eligible for an expungement under current Wisconsin law or whether the proposed changes have passed the House and Senate, an experienced Jefferson County, WI criminal defense attorney can help.

 Attorney Paul E. Bucher spent 20 years as the Waukesha County District Attorney and served on dozens of statewide task forces on violent crimes. He has litigated high-profile, complex cases in the state, handling dozens of homicides, hundreds of drunk driving offenses, and thousands of serious drug cases. Contact Bucher Law Group, LLC at 262-303-4916 to schedule your free consultation.