Expunging a Criminal Record in Wisconsin (2026)
Reviewed by DocDraft Legal Team · Wisconsin · Last updated August 19, 2026
Wisconsin's expungement law is unlike almost any other state's. Under Wis. Stat. 973.015, the sentencing judge must decide expungement at the time of sentencing, not years later. Expungement is available only when the offense was committed before the person turned 25, the maximum penalty for the offense is 6 years or less, and the court finds the person will benefit and society will not be harmed. The record is expunged only after the person successfully completes the entire sentence. If the judge did not order it at sentencing, you generally cannot petition for it afterward, and Wisconsin has no automatic clean-slate sealing. The Wisconsin Department of Justice maintains the state criminal history repository.
Find out where you stand in Wisconsin
What are you trying to clear?
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What record-clearing relief does Wisconsin offer, and what is it called?
Wisconsin calls it expungement, under Wis. Stat. 973.015. It is decided by the sentencing judge, not through a later petition, and it applies only to eligible younger offenders. Wisconsin has no separate sealing, set-aside, or automatic clean-slate track for adult convictions, so the at-sentencing order is the primary relief.
What is eligible for expungement in Wisconsin, and when does the record clear?
Under Wis. Stat. 973.015, the offense must have been committed before the person turned 25 and carry a maximum penalty of 6 years or less. The judge may order expungement at sentencing if it finds the person will benefit and society is not harmed. The record clears only after the entire sentence is successfully completed.
Can you expunge or seal a felony in Wisconsin?
Some lower-level felonies qualify if their maximum penalty is 6 years or less and the person was under 25 at the offense, but Wisconsin excludes certain violent felonies from expungement under Wis. Stat. 973.015(2m). Serious felonies with higher maximum penalties cannot be expunged. There is no felony sealing track outside 973.015.
When must a Wisconsin judge decide expungement, and can you apply later?
The judge must order expungement at the time of sentencing under Wis. Stat. 973.015. Wisconsin courts read 'at the time of sentencing' strictly, so it cannot be added through a later sentence-modification motion. If expungement was not ordered at sentencing, you generally cannot petition for it afterward for that conviction.
Wisconsin's At-Sentencing, Under-25 Expungement Rule Under Wis. Stat. 973.015
Wisconsin's expungement statute, Wis. Stat. 973.015, works differently from almost every other state's record-clearing law. There is no later petition process for a conviction: the sentencing judge must decide expungement at the time of sentencing, and Wisconsin courts have held that 'at the time of sentencing' means only when sentence is imposed, not through a post-sentencing motion. Expungement is available only when the person committed the offense before turning 25 and the offense carries a maximum period of imprisonment of 6 years or less, and only if the court determines the person will benefit and society will not be harmed. This covers many misdemeanors and some lower-level felonies, but Wis. Stat. 973.015(2m) excludes certain violent felonies, and serious offenses with higher maximum penalties never qualify. When expungement is ordered, nothing happens immediately: the person must first successfully complete the entire sentence, including probation, restitution, and any conditions. On successful completion the detaining or probationary authority issues a certificate of discharge that is forwarded to the court and has the effect of expunging the record. Wisconsin has no automatic clean-slate or auto-sealing law for adult convictions, so a record left un-ordered at sentencing generally stays. Cases are handled in the Wisconsin circuit court that imposed the sentence, and the Wisconsin Department of Justice maintains the state criminal history repository through its Crime Information Bureau.
Relevant Laws
Wisconsin Expungement Statute (Wis. Stat. 973.015)
Authorizes a Wisconsin sentencing court to order at the time of sentencing that a record be expunged upon successful completion of the sentence, when the person committed the offense before turning 25 and the offense carries a maximum penalty of 6 years or less, and the court finds the person will benefit and society will not be harmed.
Excluded Violent Felonies (Wis. Stat. 973.015(2m))
Limits expungement eligibility by excluding certain violent felonies, so not every offense with a 6-year-or-less maximum penalty qualifies. The eligibility screen must confirm the offense is not among the excluded violent felonies before the court can order expungement.
Wisconsin Has No Automatic Clean-Slate Sealing
Wisconsin provides no automatic clean-slate or auto-sealing law for adult convictions and no general later petition to expunge a conviction. Relief exists only through the at-sentencing order under Wis. Stat. 973.015, so a record not ordered expunged at sentencing generally remains.
No General Federal Expungement of State Records
There is no general federal law that expunges a Wisconsin state conviction. Record-clearing of state convictions is governed by state law, so a Wisconsin conviction is cleared, if at all, only through Wisconsin's own expungement statute and not through any federal expungement process.
Regional Variances
Wisconsin Expungement Eligibility Table (Wis. Stat. 973.015)
Relief type and name
Expungement under Wis. Stat. 973.015. It is ordered by the sentencing judge, not obtained through a later petition. Wisconsin has no separate sealing or set-aside track for adult convictions, so this at-sentencing order is the primary record-clearing relief for eligible younger offenders.
When the decision is made (at sentencing)
The court must order expungement at the time of sentencing under Wis. Stat. 973.015. Wisconsin courts read this timing strictly, so it cannot be added through a post-sentencing sentence-modification motion. If it was not ordered at sentencing, you generally cannot petition for it later.
Age limit (under 25)
Expungement is available only when the person committed the offense before turning 25, per Wis. Stat. 973.015(1m)(a). Age is measured at the time of the offense, not at sentencing, and offenders 25 or older at the time of the offense are not eligible.
Offense limit (6-year maximum penalty)
Only offenses with a maximum period of imprisonment of 6 years or less qualify under Wis. Stat. 973.015(1m)(a). This covers many misdemeanors and some lower-level felonies; serious offenses carrying higher maximum penalties are never eligible.
Excluded offenses
Certain violent felonies are excluded from expungement under Wis. Stat. 973.015(2m) even if the maximum penalty is 6 years or less. Any offense with a maximum penalty above 6 years is also excluded. The court must also find the person will benefit and society will not be harmed.
When the record actually clears (successful completion)
The record is expunged only upon successful completion of the entire sentence, including probation and all conditions, under Wis. Stat. 973.015. The detaining or probationary authority then issues a certificate of discharge that is forwarded to the court and has the effect of expunging the record.
Clean-slate / automatic sealing status
None. Wisconsin has no automatic clean-slate or auto-sealing law for adult convictions and no general later petition. If expungement was not ordered at sentencing under Wis. Stat. 973.015, the conviction generally remains on the record.
Suggested Compliance Checklist
Screen 973.015 eligibility before the sentencing hearing
Before sentencing days after startingConfirm the offense was committed before the person turned 25, that its maximum penalty is 6 years or less, and that it is not a violent felony excluded under Wis. Stat. 973.015(2m). Because Wisconsin expungement can only be ordered at sentencing, this must be resolved before the hearing, not afterward.
Obtain your Wisconsin criminal history record
Before sentencing days after startingPull your Wisconsin criminal history from the Department of Justice Crime Information Bureau through the Wisconsin Online Record Check System (WORCS) to verify the exact offense, classification, and maximum penalty. These details drive whether the conviction qualifies for expungement under Wis. Stat. 973.015.
Request expungement on the record at sentencing
At the sentencing hearing days after startingThe defendant carries the burden to request expungement, so ask the judge for it at the sentencing hearing under Wis. Stat. 973.015. The court weighs benefit to the person and harm to society. Raising it later through a sentence-modification motion generally does not preserve the relief.
Complete the entire sentence and its conditions
Through the end of the sentence days after startingAn at-sentencing expungement order clears the record only upon successful completion of the sentence under Wis. Stat. 973.015. Finish probation, pay all restitution, fines, and costs, and satisfy every condition without a revocation, or the ordered expungement can be forfeited.
Verify the certificate of discharge and record update
After completing the sentence days after startingConfirm the detaining or probationary authority issued the certificate of discharge and forwarded it to the circuit court, and that the Wisconsin Department of Justice repository reflects the expungement. Note that law enforcement and some licensing authorities may still access underlying information. An attorney can help if the record is not updated.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Screen 973.015 eligibility before the sentencing hearing | Confirm the offense was committed before the person turned 25, that its maximum penalty is 6 years or less, and that it is not a violent felony excluded under Wis. Stat. 973.015(2m). Because Wisconsin expungement can only be ordered at sentencing, this must be resolved before the hearing, not afterward. | - | Before sentencing |
| Obtain your Wisconsin criminal history record | Pull your Wisconsin criminal history from the Department of Justice Crime Information Bureau through the Wisconsin Online Record Check System (WORCS) to verify the exact offense, classification, and maximum penalty. These details drive whether the conviction qualifies for expungement under Wis. Stat. 973.015. | - | Before sentencing |
| Request expungement on the record at sentencing | The defendant carries the burden to request expungement, so ask the judge for it at the sentencing hearing under Wis. Stat. 973.015. The court weighs benefit to the person and harm to society. Raising it later through a sentence-modification motion generally does not preserve the relief. | - | At the sentencing hearing |
| Complete the entire sentence and its conditions | An at-sentencing expungement order clears the record only upon successful completion of the sentence under Wis. Stat. 973.015. Finish probation, pay all restitution, fines, and costs, and satisfy every condition without a revocation, or the ordered expungement can be forfeited. | - | Through the end of the sentence |
| Verify the certificate of discharge and record update | Confirm the detaining or probationary authority issued the certificate of discharge and forwarded it to the circuit court, and that the Wisconsin Department of Justice repository reflects the expungement. Note that law enforcement and some licensing authorities may still access underlying information. An attorney can help if the record is not updated. | - | After completing the sentence |
Frequently Asked Questions
Because Wisconsin expungement is ordered by the judge at sentencing under Wis. Stat. 973.015 rather than through a separate later petition, there is no standalone expungement petition filing fee for that order. You may still owe the normal costs of your criminal case, and any restitution, fines, and fees must be paid to successfully complete the sentence before the record clears.
It depends on the length of your sentence. Under Wis. Stat. 973.015, the record is not cleared when the judge orders expungement; it is cleared only after you successfully complete the entire sentence, including any probation term. Once the detaining or probationary authority issues the certificate of discharge and forwards it to the court, the record is expunged.
Expungement under Wis. Stat. 973.015 removes the case from public Wisconsin court records, but it is not a complete erasure everywhere. Law enforcement and prosecutors can still access information about the underlying conduct, and some professional licensing boards and immigration authorities may too. Ask about your specific license before assuming an expunged Wisconsin conviction is invisible.
An expungement under Wis. Stat. 973.015 removes the conviction from the public court record, which generally lets you avoid disclosing it to most private employers. This is a fact-specific area, and certain sensitive positions or licensing questions can still require disclosure. An attorney can advise on how an expunged Wisconsin conviction should be answered in your situation.
Not automatically. Wisconsin expungement under Wis. Stat. 973.015 clears the court record, but a felony conviction can still trigger a firearms prohibition under state and federal law, and expungement is not the same as a pardon or a restoration of rights. If firearm rights are your goal, ask a Wisconsin attorney whether a pardon or other relief is needed.
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