How it works in Wisconsin

The steps

1. Request your record

   Complete and submit your application to request an official copy of your criminal history record from the Wisconsin Department of Justice.

2. Review your record

   Confirm there is no disqualifying information in your history. If there is something incorrect, follow the process to challenge the issue. If everything is accurate, make a copy for your file and keep the original somewhere safe.

3. Request certified documents

   Collect certified copies of relevant documents. These include a copy of the disposition of the case from the clerk of court that handled the original case and the arrest record from the arresting agency. If you had probation or parole, had to take classes, had to pay fees, or had any other obligations, you also need certified proof that you completed those requirements.

   Certified copy fee: $5.00 — plus $1.25 per page to copy

4. Verify the final documents

   Review each document for accuracy. Confirm each one is certified and clearly shows you completed your obligations. Make copies of every original.

5. Prepare your petition

   Check your judgment of conviction first. Under Wis. Stat. § 973.015, the judge can order expungement for this path only at sentencing, so the order must already be in your case. If it is, and your sentence had no probation, jail or prison time, complete form CR-266, Petition to Expunge Criminal Court Record of Conviction. The form has you declare that the court ordered expungement at sentencing and that your sentence had no probation, jail or prison time. You also declare that you completed your sentence, including every court-ordered payment, with no new conviction in between. If your sentence included probation, jail or prison, there is no petition to prepare. The certificate of discharge from your probation agent or the institution does that work.

6. Finalize your petition

   If you are filing form CR-266, put the completed petition, your certified documents and your record together in one package. Keep a copy of the complete package for your file. If your sentence included probation, jail or prison, you have nothing to file. Ask your probation agent or the institution whether the certificate of discharge went to the clerk of circuit court, and ask for it if it did not.

7. File your expungement petition

   File form CR-266 with the clerk of circuit court that handled your case, under the original case number. Give a copy to the district attorney: the form's distribution list names the court, you and the district attorney. The circuit court's fee tables list no fee for this petition. A victim of trafficking for a commercial sex act files a motion instead, at any time. The motion is served on the district attorney's office that prosecuted the case.

   Filing fee: None — the circuit court's fee tables list no fee for an expungement petition; a case filed electronically carries a $35 e-filing fee per party.

8. Work with the court

   After the Wisconsin circuit court confirms it has received your filing, watch for the next instructions — typically a hearing notice or a request for additional documents. Respond promptly to anything the court asks for, and prepare for the hearing if one is scheduled.

9. Receive the court's order

   Once the judge rules, the court issues a written order either granting or denying your petition. Review the order's terms carefully — they spell out exactly which records are covered. Keep a certified copy for your own files.

10. Verify the record is expunged

    Under Wis. Stat. § 973.015, expungement reaches the court record of the conviction. The clerk seals the case file, and the case no longer appears on Wisconsin Circuit Court Access. The law does not require the police, the district attorney or the Crime Information Bureau at the Wisconsin Department of Justice to remove their records. The state repository keeps a record of the conviction. It also leaves untouched a conviction the Department of Transportation must keep under section 343.23. Confirm with the clerk of circuit court that the case is sealed, and keep your certified copies of the judgment and the order for your files. If a background-check provider later produces an outdated report, those copies are your reference.

If you have to mail anything, remember to keep a copy of whatever you send and to use a method with a tracking number like the USPS Flat Rate Envelope.