(1m)(a)1. Subject to subd. 2. and except as provided in subd. 3., when a person is under the age of 25 at the time of the commission of an offense for which the person has been found guilty in a court for violation of a law for which the maximum period of imprisonment is 6 years or less, the court may order at the time of sentencing that the record be expunged upon successful completion of the sentence if the court determines the person will benefit and society will not be harmed by this disposition. This subsection does not apply to information maintained by the department of transportation regarding a conviction that is required to be included in a record kept under s. 343.23(2) (a).2. The court shall order at the time of sentencing that the record be expunged upon successful completion of the sentence if the offense was a violation of s. 942.08(2) (b), (c), or (d) or (3), and the person was under the age of 18 when he or she committed it.3. No court may order that a record of a conviction for any of the following be expunged:
a. A Class H felony, if the person has, in his or her lifetime, 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), (3), or (5) (a) 1, 2., 3., or 4., or 948.095.b. A Class I felony, if the person has, in his or her lifetime, 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).(b) 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the sentence if the person has not been convicted of a subsequent offense and, if on probation, the probation has not been revoked and the probationer has satisfied the conditions of probation. Upon successful completion of the sentence the detaining or probationary authority shall issue a certificate of discharge which shall be forwarded to the court of record and which shall have the effect of expunging the record. If the person has been imprisoned, the detaining authority shall also forward a copy of the certificate of discharge to the department.(2m) At any time after a person has been convicted, adjudicated delinquent, or found not guilty by reason of mental disease or defect for a violation of s. 944.30, a court may, upon the motion of the person, vacate the conviction, adjudication, or finding, or may order that the record of the violation of s. 944.30 be expunged, if all of the following apply:
(a) The person was a victim of trafficking for the purposes of a commercial sex act, as defined in s. 940.302(1) (a), under s. 940.302 or 948.051 or under 22 USC 7101 to 7112.(b) The person committed the violation of s. 944.30 as a result of being a victim of trafficking for the purposes of a commercial sex act.(c) The person submitted a motion that complies with s. 971.30, that contains a statement of facts and, if applicable, the reason the person did not previously raise an affirmative defense under s. 939.46 or allege that the violation was committed as a result of being a victim of trafficking for the purposes of a commercial sex act, and that may include any of the following:
1. Certified records of federal or state court proceedings.2. Certified records of approval notices, law enforcement certifications, or similar documents generated from federal immigration proceedings.3. Official documentation from a federal, state, or local government agency.4. Other relevant and probative evidence of sufficient credibility in support of the motion.(d) The person made the motion with due diligence subject to reasonable concern for the safety of himself or herself, family members, or other victims of trafficking for the purposes of a commercial sex act or subject to other reasons consistent with the safety of persons.(e) A copy of the motion has been served on the office of the district attorney that prosecuted the case that resulted in the conviction, adjudication, or finding except that failure to serve a copy does not deprive the court of jurisdiction and is not grounds for dismissal of the motion.(f) The court in which the motion was made notified the appropriate district attorney’s office of the motion and has given the district attorney’s office an opportunity to respond to the motion.(g) The court determines that the person will benefit and society will not be harmed by a disposition.(3) A special disposition under this section is not a basis for a claim under s. 775.05.
Wis. Stat. ยง 973.015
Amended by Acts 2015 ch, 366,s 20, eff. 4/21/2016.Amended by Acts 2015 ch, 80,s 4, eff. 11/13/2015.Amended by Acts 2013 ch, 362,s 50, eff. 4/25/2014.Amended by Acts 2013 ch, 362,s 49, eff. 4/25/2014.Amended by Acts 2013 ch, 362,s 48, eff. 4/25/2014.1975 c. 39; 1975 c. 189 s. 105; 1975 c. 199; 1983 a. 519; 1991 a. 189; 2003 a. 33, 50, 320; 2009 a. 28; 2011 a. 268.
