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Can Juvenile Records Be Expunged in Wisconsin?

Juvenile in handcuffs

Doctors have reiterated that the human brain does not fully develop until an individual is 25 years old. That doesn’t mean everyone who commits a crime before the age of 25 should have their charges dismissed; however, it does give prosecutors and judges something to consider when pursuing charges against a young adult.

Eligibility for Expungement

Those convicted of a crime at a young age could be eligible to have their record expunged. Conditions to qualify for this expungement include:

  • An individual is under the age of 25 at the time the crime was committed;
  • The crime was a misdemeanor or a low-level, non-violent felony;
  • The punishment handed down to the individual was fully completed including any probation terms; and,
  • The potential consequence for the crime had a maximum imprisonment period of up to six years.

New Ruling from the Wisconsin Supreme Court

In June 2021, the Wisconsin Supreme Court voted to tighten rules when it comes to expunging young adults’ records. The 5-2 decision said that sentencing judges could not give leniency when it comes to expunging a young adult’s record if that young adult violated any condition of their punishment or probation sentence. The justices in the majority said that this goes in line with other laws — that any violation should equate to expungement not being possible for the offender.

The dissent, on the other hand, said that those who would most likely benefit from having their record expunged are now at a crossroads should they make a mistake following their original violation. They argued that a judge should be able to consider how small or large a discretion is and what that meant in the larger context of the individual’s punishment being served rather than a judge not being able to take any violation into consideration.

When to Contact The Law Offices of Jason D. Baltz

The attorneys at The Law Offices of Jason D. Baltz want to help young adults facing tough accusations and lead them to not worry about having to have their records expunged. If you are a young adult facing criminal charges, you’ll want an attorney who will fight for you — fill out our online form or call us today for a free consultation. (414) 375-0797.

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