An annual expungement clinic hosted by the Law Office of Odalo J. Ohiku, assisting the residents of Milwaukee clear their criminal records.

“Expunging” a criminal record means completely removing all references to a defendant’s name and identity from a record of criminal conviction.

It is as if the criminal conviction disappears.

Sealing a criminal record does NOT destroy the record. Sealing a record hides it from the general public. Expungement destroys the record.

A pardon essentially “forgives” a person convicted of a crime. Once a pardon is granted, all punishments and/or remaining penalties are removed and any new prosecution of the person for that crime is prevented. In Wisconsin, the governor has the power to grant pardon, but currently the pardon process has been suspended indefinitely.

However, a pardon does NOT clear the conviction on your record and the record is still accessible both at the clerk of courts office and the WCCA, ‘CCAP’ website. Expungement clears the conviction from your record and removes access to the conviction on the WCCA website. 

Each state’s legislature has their own criteria for expungement eligibility. In Wisconsin to be eligible for expungement you must meet ALL of the following:

1.   UNDER the age of 25 when you committed the offense
2. You committed an offense for which the maximum period of imprisonment for the offense is 6 years or less
3. Found eligible for expungement at the time of sentencing

• Convicted of a  non-violent  CLASS H or CLASS I felony
• You have only ONE felony conviction

§  If you have one felony conviction and one misdemeanor you are still eligible as long as you meet the rest of the criteria.

• Your felony case concluded ON or AFTER  7/1/2009

§  This date does NOT apply to misdemeanors.

§  If your felony case concluded BEFORE 7/1/2009 you must have been UNDER the age of 21 when you committed the offense

• You have successfully completed your sentence
• If you were placed on probation, you satisfied ALL the conditions of your probation
• You received a Discharge Certificate

A felony is a serious criminal offense. A misdemeanor is a criminal offense that is considered “less serious” than a felony.

There are a number of Class H and Class I felonies. For a complete list consult the Wisconsin statutes http://legis.wisconsin.gov/ . It is important to note that only non-violent Class H and Class I felonies are eligible for expungement. The most common non-violent Class H and I felonies are: 

Class H 

1. Failure to Comply with Sex Offender Registry
2. Operating While Intoxicated, 4th Offense
3. Delivery of Controlled Substance
4. Theft ($5,000-$10,000)
5. Operating Motor Vehicle without Owner’s Consent
6. Retail Theft ($5,000-$10,000)
7. Escape from Custody
8. Felony Bail Jumping
9. Possession with Intent to Deliver

Class I 

1. Possession of Controlled Substance, 2nd Offense
2. Fleeing an Officer
3. Theft ($2,000-$5,000)
4. Issuing Worthless Check
5. Receiving Stolen Property (value $2,500-$5,000)
6. Retail Theft ($500-$5,000)
7. Failure to Support a Child (for a 120 days or more)
8. Keeping a Drug House

You can review information about your case on Wisconsin Circuit Court Access (WCCA) ‘CCAP.’ https://wcca.wicourts.gov/index.xsl

No. Expungement is only for criminal convictions or if you were adjudicated as a juvenile delinquent. A dismissed case means you were NOT convicted. Likewise, if you were charged with a crime and not found guilty, you were NOT convicted.

No. Expungement applies to criminal convictions, BUT you may be able to have the information removed from the Wisconsin Criminal History Repository. Removing the arrest record from the repository does not remove the information from other agencies.

“Includes, but is not limited to, information indicating that an individual has been questioned, apprehended, taken into custody or detention, held for investigation, arrested, charged with, indicted or tried for any felony, misdemeanor or other offense.” (Wisconsin Statute 111.32) 

You may qualify for removal of your arrest record if you were arrested and : 

• Found to be not guilty, 
• The charges were dismissed by the court or prosecutor, OR
•  No charges were filed by the prosecutor

Yes, unfortunately. Some of the common factors for denial are: 

• Pending arrest(s) 
• Previous expungement exist 
• You do not meet all the criteria mentioned previously
• It is not in the best interest of the state

Expungement restores you to the status you had before the conviction, so no.

There isn’t a strict timeline between the time you submit the expungement paperwork to when an approval or denial notice has been received. The time depends on how long it takes the court to process all the documents. You will receive notice of approval or denial directly.

No. You must apply for expungement in the court in which you were convicted. For example if you were convicted of an offense in Chicago, but now live in Milwaukee, you must apply for expungement in a Chicago where you were convicted of the offense. 

• Your Discharge Certificate from your probation officer 
• Your ID

A document that confirms you have successful completed your sentence. 

Call to action state legislators about reinstating pardons and expanding expungement eligibility to include other classes of felonies and make the law retroactive to offer more people a second chance.

You can call our clinic at 414-395-8061