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Wisconsin Expungement Laws: Wis. Stat. § 973.015 Explained

Independently fact-checkedEditor-reviewedLaw current as of August 20, 2026By Recording Law Editorial TeamReviewed August 20, 20269 min read

Independently fact-checked against primary sources (last audited August 20, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 20, 2026. How we verify our legal content

Wisconsin Expungement Laws: Wis. Stat. § 973.015 Explained

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 .

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.

an hourglass beside a closed folder on a desk

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. (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. One narrow exception overrides this discretion: under Wis. Stat. § 973.015(1m)(a)2, the court shall order expungement at sentencing, with no discretion to deny it, if the offense was a violation of § 942.08(2)(b), (c), or (d), or (3) (invasion of privacy, covering voyeurism and nonconsensual recording), and the person was under 18 when they committed it.

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, (1m)(a)2 (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 (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.

a clipboard with a blank petition form and a pen

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; .

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.

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

More Wisconsin Laws

Frequently Asked Questions

How do you expunge your record in Wisconsin?

In Wisconsin, expungement must be requested by your defense attorney at the sentencing hearing. The judge decides at that moment whether to grant an expungement order. If the court issues the order and you later complete your sentence without a subsequent conviction or probation revocation, the expungement occurs automatically when the supervising authority sends a discharge certificate to the court clerk. There is no separate petition process after sentencing under current law.

Does Wisconsin still have the age-25 expungement rule?

Yes. As of May 2026, Wisconsin still requires that the offense was committed before the person turned 25 years old. Multiple reform bills have proposed removing this cap, but none have been signed into law. The age-25 requirement in Wis. Stat. § 973.015(1m)(a)1 remains in effect.

What does Wis. Stat. 973.015 say about expungement timing?

Wis. Stat. § 973.015(1m)(a)1 says the court 'may order at the time of sentencing' that the record be expunged. The Wisconsin Supreme Court in State v. Hemp (2014 WI 129) confirmed that this means expungement must be ordered on the day of sentencing. Defendants who are sentenced without an expungement order cannot return to court later to request one.

Can a felony be expunged in Wisconsin?

Only Class H felonies (maximum six years) and Class I felonies (maximum three years and six months) are eligible, and only under narrow conditions. The person must have been under 25 at the time of the offense, must have no prior felony convictions, and the offense must not be a violent felony or one of the specifically excluded statutes such as stalking (§ 940.32) or child physical abuse (§ 948.03). All felonies above Class H are categorically ineligible.

What does Wisconsin Act 33 change about expungement?

There is no enacted Wisconsin Act 33 that reformed expungement. The reform bills AB 37 and SB 38 from the 2023-24 legislative session proposed removing the age-25 cap and creating a post-sentence petition pathway, but AB 37 passed only the Assembly before the Senate session ended without a vote. Those changes did not become law. Wisconsin's expungement law remains unchanged as of May 2026.

What offenses are excluded from expungement in Wisconsin?

Under current Wis. Stat. § 973.015, excluded offenses include: any crime with a maximum sentence above six years; convictions that must appear on a DOT-maintained driving record under s. 343.23(2)(a); stalking (§ 940.32); child physical abuse (§ 948.03); sexual assault of a child by school staff (§ 948.095); concealing the death of a child (§ 948.23(1)(a)); and any Class H or I felony if the person has a prior felony conviction or the offense is designated as a violent offense under § 301.048(2)(bm). Additional offense categories including traffic violations and domestic abuse injunction violations were proposed for exclusion in reform bills AB 37 and SB 38 but those bills did not become law.

Does a Wisconsin expungement clear your record completely?

No. A Wisconsin expungement removes or obscures references from the circuit court record and takes the case off the Wisconsin court search website. However, records maintained by the Crime Information Bureau, the Department of Corrections, and district attorney offices are not required to be destroyed. The conviction may still appear in federal background checks, does not restore federal firearms rights, and does not eliminate professional licensing consequences.

What if the court did not order expungement at my sentencing?

Under current Wisconsin law, you have no statutory path to expungement. The sentencing hearing is the only opportunity, and courts cannot grant a retroactive expungement order for a closed case. A governor's pardon through the Wisconsin Pardon Advisory Board may be an alternative worth exploring with a licensed Wisconsin attorney, though pardons are not guaranteed and do not seal court records the same way an expungement does.

Updates

Added a note about a narrow but real exception to Wisconsin's discretionary expungement standard (mandatory expungement for a juvenile invasion-of-privacy conviction under Wis. Stat. 973.015(1m)(a)2), removed an unverifiable citation ('State v. Starks, 2013 WI App 42') that does not correspond to any real case, and added the correct citation for State v. Lickes, 2021 WI 60, the case the article actually relies on for its probation-conditions discussion.

Independently fact-checked against the cited primary sources; governing law re-checked for recent changes

Governing law re-checked for recent changes

Governing law re-checked for recent changes

Reviewed and approved by an editor

Sources and References

  1. Wis. Stat. § 973.015 (2025) — Special Disposition(docs.legis.wisconsin.gov)
  2. State v. Hemp, 2014 WI 129(wicourts.gov)
  3. Wisconsin Legislative Council Issue Brief: Expungement (January 2021)(docs.legis.wisconsin.gov)
  4. Wisconsin Assembly Bill 37 (2023-24 Session)(docs.legis.wisconsin.gov)
  5. Wisconsin Senate Bill 38 (2023-24 Session)(docs.legis.wisconsin.gov)
  6. Wisconsin Policy Forum, A Fresh Start (2021)(wispolicyforum.org)
  7. Wisconsin Department of Justice, Pardon Program(doj.state.wi.us)
  8. Wis. Stat. § 304.09 — Governor Pardon(docs.legis.wisconsin.gov)
  9. State v. Lickes, 2021 WI 60(wicourts.gov)
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