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Does anyone actually get their record expunged in Wisconsin? [1]

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Date: 2025-07-07 11:00:00+00:00

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A Wisconsin Watch reader asks: The state expungement statute seems very strict. Does anyone actually get their record expunged? Is it easier to get a pardon or commutation from the governor? Why is it so difficult?

While it is certainly possible for people to get their records expunged, the laws and conditions surrounding expungement remain nuanced.

Expungement seals a person’s criminal records, meaning the public can no longer access them through court databases, such as Consolidated Court Automation Programs, or CCAP.

Oftentimes, employers and landlords use court databases, such as CCAP, to review someone’s criminal records. State law prohibits discrimination unless the crime is materially related, like someone convicted of bank fraud applying to work at a bank. By removing a public criminal record, it removes the stigma that could lead to discrimination in housing and job opportunities. Employers are not allowed to use an expunged record against an applicant, even if the crime is materially related.

But obtaining expungement in Wisconsin is much more difficult than it appears. First, anyone requesting expungement must have been under 25 years old at the time of sentencing and not convicted of a violent felony. Only misdemeanors and Class H and I felonies qualify. The attorney must also request expungement at the time of sentencing; it cannot be requested after the fact.

“I’ve seen judges just disagree with expungement as a concept and never order it,” said Natalie Lewandowski, senior clinic supervisor at the Milwaukee Justice Center. “I think some judges don’t believe that people can be rehabilitated enough to deserve to be back in society and have that not be counted against them.”

Even district attorneys can take expungement off the table. In some cases, defense attorneys may not even know expungement exists and therefore won’t know to bring it up during a person’s trial.

As a new attorney, Lewandowski wasn’t aware of expungement until she was told minutes before the trial. It is not something that is often taught, and there is no handbook, she said.

If the judge recommends expungement, a person must then meet all conditions of probation, including paying all financial obligations and supervision fees in full. The person cannot be convicted of a subsequent offense or violate any Department of Corrections rules.

But even with the expungement conditions laid out, the process is nuanced, and the success rate is low.

For those who were found eligible for expungement at the time of sentencing, Lewandowski said a shocking number of them fail to get their case successfully expunged.

In general, people believe that if they complete probation, they will have their case expunged. But they also must meet all the requirements of probation before they are discharged.

“I’ve had to tell too many people that they can never get their case expunged because at the time of their discharge, they still owed $10 in supervision fees,” Lewandowski said.

A probation office has to submit a form either notifying that the person completed conditions for expungement or failed to meet the conditions, with each condition laid out directly on the form.

It’s unclear how many people have their record expunged each year. The DOC does not keep data on how many cases meet the requirements for expungement, and court data is unreliable and not readily aggregated. Wisconsin Policy Forum estimates that around 2,000 people have their record expunged each year.

Pardons, on the other hand, have a more clearly defined process.

Requirements for a pardon include an old felony conviction and at least five years since the individual completed a sentence. To be granted a pardon, a person either applies to the Pardon Advisory Board, where a hearing is held on the pardon application, or the person can qualify for the expedited process in which the application is forwarded directly to the governor without a hearing.

The applicants have to include certified court documents. The cost of copies of court documents is $1.25 per page and an additional $5 to get the document certified.

“The kicker is the application processing times, the time it takes from when you submit your application to get a hearing in front of the pardon board, where they’ll decide, is like two years right now,” Lewandowski said. “If you’re eligible for a pardon, it’s still something that you have to prove to the pardon board that you’re deserving of, so a lot of people don’t get pardoned.”

Most of the pardoned cases are low-level, non-violent offenses. Pardoning does not expunge the record or indicate innocence, but instead symbolizes forgiveness from the governor and restores certain rights — such as the right to serve on a jury, possess a firearm or hold a state or local office.

Unlike expungement, pardons also depend on who is governor at the time of the request.

For example, Gov. Tony Evers has granted over 1,436 pardons as of April 2025 — the most ever — while former Gov. Scott Walker was adamantly against pardons during his time in office.

For individuals seeking expungement or pardons, there are resources available.

The Mobile Legal Clinic through the Milwaukee Justice Center includes information on expungement and pardon eligibility. There is also a guide on completing the pardon application for people who wish to do it independently.

There have been attempts by lawmakers to decrease the barriers to expungement, such as eliminating the age requirement and allowing a person to petition the court for expungement after sentencing.

Evers most recently requested these changes in the 2025-27 budget, but it was removed from discussion by Republicans in early May.

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[1] Url: https://wisconsinwatch.org/2025/07/wisconsin-expungement-pardon-record-crime-conviction-corrections-justice/

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