Wisconsin Expungement Laws: What Wis. Stat. § 973.015 Actually Allows

Wisconsin's expungement statute is among the most restrictive in the United States, limiting relief to offenses committed before age 25, capping eligible crimes at a six-year maximum sentence, and requiring the sentencing court to order expungement on the day of sentencing or the opportunity is permanently lost under Wis. Stat. § 973.015.

Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.

Jurisdiction scope: This article covers Wisconsin state law only. For a nationwide comparison, see Expungement Laws by State.

Who Qualifies for Expungement Under Wis. Stat. § 973.015

Wisconsin's expungement statute sets three threshold requirements that must all be satisfied before a court may order a record expunged.

First, the person must have been under the age of 25 at the time of the commission of the offense, not at the time of charging or sentencing. A person who was 24 when the crime occurred but 26 at sentencing still qualifies on the age element; a person who was 25 or older when the act took place does not qualify at all.

Second, the offense must carry a maximum period of imprisonment of six years or less. This covers all Wisconsin misdemeanors, Class I felonies (maximum three years and six months), and Class H felonies (maximum six years). Any felony above Class H, from Class G through Class A, is categorically ineligible because the maximum penalty exceeds six years.

Third, the court must find that the person "will benefit" from expungement and that "society will not be harmed" by it. Wis. Stat. § 973.015(1m)(a)1. This is a discretionary finding made by the sentencing judge. No defendant has a right to expungement even when the first two requirements are met; the court retains full authority to deny the order.

A fourth requirement from case law reinforces the statute: the request must be made, and the court's order must be entered, at the sentencing hearing itself. Wisconsin courts have held that the statute's phrase "at the time of sentencing" means exactly that. State v. Hemp, 2014 WI 129.

Sources: Wis. Stat. § 973.015(1m)(a)1 (2025); State v. Hemp, 2014 WI 129, 359 Wis.2d 320.

The Front-Loaded Timing Rule: The Sentencing Window Trap

The most consequential feature of Wisconsin's expungement law is the requirement that the court order expungement at the moment of sentencing. This rule operates as a permanent trap for anyone who did not raise expungement during the sentencing hearing.

Under the plain text of § 973.015(1m)(a)1, the court "may order at the time of sentencing that the record be expunged." The Wisconsin Supreme Court confirmed in State v. Hemp (2014) that this language identifies the only pathway available. A defendant who was sentenced without an expungement order, whether because no one raised it, the attorney forgot to ask, or the judge declined at the time, cannot return to court later to seek the order.

This stands in contrast to expungement laws in most other states, which allow a person to petition the court after completing a sentence. In Wisconsin, the decision is locked in on sentencing day.

The practical consequence is serious. A 22-year-old convicted of a misdemeanor who receives an expungement order at sentencing will have the record sealed automatically after successfully completing the sentence. An identical defendant whose attorney did not request expungement at the sentencing hearing has no statutory remedy, even after completing the sentence without any subsequent offense.

Sources: Wis. Stat. § 973.015(1m)(a)1 (2025); State v. Hemp, 2014 WI 129, 359 Wis.2d 320; Wisconsin Policy Forum, "A Fresh Start: Wisconsin's Atypical Expungement Law and Options for Reform" (2021).

Offenses Permanently Excluded from Expungement

Even when the age-25 and six-year-maximum requirements are met, certain offenses cannot be expunged under any circumstances.

For Class H felonies, expungement is prohibited if the person has, at any point in their lifetime, been convicted of a prior felony; if the felony is a "violent offense" as defined in Wis. Stat. § 301.048(2)(bm); or if the offense is a violation of § 940.32 (stalking), § 948.03(2), (3), or (5)(a)(1-4) (physical abuse of a child), or § 948.095 (sexual assault of a child by a school staff member). Wis. Stat. § 973.015(1m)(a)3.

For Class I felonies, expungement is prohibited on the same grounds: prior felony conviction, violent offense designation, or a violation of § 948.23(1)(a) (concealing the death of a child). Wis. Stat. § 973.015(1m)(a)3.

One additional exclusion applies to all offense classes under § 973.015(1m)(a)1: the provision does not apply to information maintained by the Wisconsin Department of Transportation regarding a conviction that is required to be included in a driving record kept under s. 343.23(2)(a). This means convictions that must appear on a DOT-maintained driving record cannot be expunged from that record, even if the offense would otherwise qualify.

A prior felony conviction at any point in a person's life, including one committed after the offense sought to be expunged, bars expungement of a Class H or I felony. The statute does not limit the lookback to convictions preceding the offense at issue.

Sources: Wis. Stat. § 973.015(1m)(a)1, (1m)(a)3 (2025); Wisconsin Legislative Council Issue Brief, Expungement (January 2021).

Successful Completion: How Expungement Takes Effect

If the sentencing court orders expungement and the person completes the sentence, the expungement occurs automatically with no second petition required. The sequence under Wis. Stat. § 973.015(1m)(b) works as follows.

After the sentence ends, the Department of Corrections or supervising authority reviews whether the person has "not been convicted of a subsequent offense" and, if placed on probation, whether probation was not revoked and all conditions were satisfied. If those conditions are met, the authority issues a certificate of discharge and forwards it to the clerk of the sentencing court, who then strikes or obliterates references to the defendant from the court record.

Any violation of a condition of supervision, even a technical or minor violation, blocks successful completion and makes expungement unavailable. The Wisconsin Supreme Court addressed this in State v. Lickes (2021 WI 60), holding that the statutory phrase "satisfied the conditions of probation" means all conditions without exception, including conditions imposed by the Department of Corrections as well as by the sentencing court. Probation revocation is an automatic bar.

The expungement affects the circuit court record. Records maintained by the Crime Information Bureau, district attorney's offices, and the Department of Corrections are not required to be destroyed. The conviction also does not disappear from federal databases and does not restore firearms rights under federal law.

Sources: Wis. Stat. § 973.015(1m)(b) (2025); State v. Lickes, 2021 WI 60.

Reform Efforts: What Has Been Proposed and What Has Failed

Wisconsin's expungement law has been repeatedly targeted for reform, and every major attempt has stalled in the Wisconsin Senate.

In the 2021-22 legislative session, Assembly Bill 69 passed the Wisconsin Assembly with bipartisan support but never received a Senate floor vote. In the 2023-24 session, Assembly Bill 37 and companion Senate Bill 38 proposed the most substantial changes yet: removing the age-25 cap entirely, creating a new pathway allowing a person to petition the sentencing court for expungement at least one year after successfully completing a sentence, limiting individuals to two lifetime expungements, and excluding additional offense categories including traffic violations and domestic abuse injunction violations. AB 37 passed the Assembly on February 15, 2024, but the Senate again declined to act.

Governor Tony Evers included similar expungement provisions in his 2025-27 executive budget proposal. The Legislature stripped those provisions from the final budget before signing it as 2025 Wisconsin Act 15 on July 3, 2025.

As of May 2026, no reform bill has become law. The age-25 cap, the six-year maximum, and the at-sentencing timing rule remain fully in effect. A person who committed a qualifying offense after turning 25, or whose sentencing court did not order expungement at the time of the hearing, has no path to expungement under current Wisconsin law.

Sources: AB 37 (2023-24 Wis. Legislature); SB 38 (2023-24 Wis. Legislature); ACLU of Wisconsin, "AB 37/SB 38: Expungement Reform"; Milwaukee Criminal Lawyer Blog, "Wisconsin's Expungement Law: Why Reform Keeps Failing" (2024).

Pardons as an Alternative

Because Wisconsin's expungement law leaves a significant population without relief, a governor's pardon is sometimes the only formal avenue available to people ineligible for expungement.

The Wisconsin Pardon Advisory Board reviews applications and makes recommendations to the governor, who retains sole discretion. A pardon does not seal court records the way expungement does, but it may restore certain civil rights and can be considered by employers and licensing boards. Applications are submitted to the Wisconsin Department of Justice.

Eligibility for pardon consideration generally requires that the person have completed their sentence, waited a specified period, and demonstrated rehabilitation. The governor is not bound by the board's recommendation. Pardon grants are infrequent and not guaranteed.

People with convictions committed before age 25 for qualifying offenses, but where no expungement order was entered at sentencing, may wish to consult a Wisconsin attorney about pardon eligibility as an alternative route to relief.

Sources: Wisconsin Department of Justice, Pardon Program; Wis. Stat. § 304.09.

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Disclaimer: This article provides general legal information about Wisconsin expungement law as of May 29, 2026, based on Wis. Stat. § 973.015 and related case law. It is not legal advice and does not create an attorney-client relationship. Wisconsin law is fact-specific and procedural deadlines can permanently affect your rights. Consult a licensed Wisconsin attorney before making any decisions about your case.

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Sources

The following primary sources were consulted in preparing this article.

• Wis. Stat. § 973.015 (2025), Special Disposition
• State v. Hemp, 2014 WI 129, 359 Wis.2d 320
• State v. Lickes, 2021 WI 60
• Wisconsin Legislative Council Issue Brief: Expungement (January 2021)
• Wisconsin Assembly Bill 37 (2023-24 Session)
• Wisconsin Senate Bill 38 (2023-24 Session)
• Wisconsin Policy Forum, A Fresh Start: Wisconsin's Atypical Expungement Law and Options for Reform (2021)
• Wisconsin Department of Justice, Pardon Program
• Wis. Stat. § 304.09, Governor Pardon

Related Articles

• Expungement Laws by State for a full 50-state comparison
• DUI Expungement by State for which states allow OWI/DUI expungement and Wisconsin's rules
• How to Check If Your Record Has Been Expunged for a step-by-step guide to verifying expungement status

This page covers Wisconsin state expungement law under Wis. Stat. § 973.015. For federal record sealing, consult a federal criminal defense attorney.