Expungement Petition - Preparation Worksheet - Wisconsin

Wisconsin Expungement Filing and Sentencing Worksheet

Use the correct route. Wisconsin does not use one general post-conviction expungement petition. The court ordinarily must order expungement when it imposes sentence. After successful completion, a detaining or probationary authority sends a certificate of discharge to the court. Official Form CR-266 is limited to a person who received neither probation nor jail/prison.

Route Selection

Eligibility Worksheet for an At-Sentencing Request

General discretionary route — § 973.015(1m)(a)1.

☐ The defendant was under age 25 when the offense was committed.

☐ The maximum period of imprisonment for the offense is six years or less.

☐ The requested decision will be made at the sentencing proceeding.

☐ The record supports a finding that the defendant will benefit.

☐ The record supports a finding that society will not be harmed.

☐ If the conviction is a Class H felony, none of the following bars applies:

• a prior felony conviction during the defendant's lifetime;
• a violent offense as defined in Wis. Stat. § 301.048(2)(bm);
• Wis. Stat. § 940.32;
• Wis. Stat. § 948.03(2), (3), or (5)(a)1.–4.; or
• Wis. Stat. § 948.095.

☐ If the conviction is a Class I felony, none of the following bars applies:

• a prior felony conviction during the defendant's lifetime;
• a violent offense as defined in Wis. Stat. § 301.048(2)(bm); or
• Wis. Stat. § 948.23(1)(a).

Separate mandatory route — § 973.015(1m)(a)2.

The court must order expungement at sentencing upon successful completion if the offense is a violation of Wis. Stat. § 942.08(2)(b), (c), or (d), or § 942.08(3), and the person was under age 18 when the offense was committed. Confirm the exact conviction subsection before relying on this route.

Sentencing-Stage Request

STATE OF WISCONSIN

CIRCUIT COURT
[COUNTY] COUNTY

Case No.: [CASE NUMBER]

Defendant's Request for Expungement at Sentencing

The Defendant asks the Court, at the sentencing proceeding, to order that the court record of the conviction identified below be expunged upon successful completion of the sentence under Wis. Stat. § 973.015.

1. Conviction: [OFFENSE], Wis. Stat. § [SECTION], Count [NUMBER].

2. Date and age: The offense was committed on [__/__/____]. The Defendant's date of birth is [__/__/____], and the Defendant was [AGE] years old on the offense date.

3. Maximum imprisonment: The maximum period of imprisonment for the offense is [PERIOD], which does not exceed six years.

4. Exclusions: The offense and the Defendant's record have been compared with Wis. Stat. § 973.015(1m)(a)3. The applicable conclusion is:

☐ The offense is not a Class H or Class I felony.

☐ The offense is a Class H felony and no Class H bar applies.

☐ The offense is a Class I felony and no Class I bar applies.

☐ The mandatory route in § 973.015(1m)(a)2. applies.

5. Benefit to the Defendant: [IDENTIFY SPECIFIC EDUCATIONAL, EMPLOYMENT, HOUSING, LICENSING, FAMILY, OR REHABILITATION FACTS.]

6. No harm to society: [ADDRESS OFFENSE CIRCUMSTANCES, ACCOUNTABILITY, TREATMENT, RESTITUTION, PUBLIC SAFETY, AND ANY VICTIM POSITION.]

7. Requested disposition: The Defendant asks the Court to state at sentencing and record in the judgment that the identified record will be expunged upon successful completion of the sentence.

Dated: [__/__/____]

_________________________________

[ATTORNEY OR DEFENDANT NAME]

[STATE BAR NUMBER, IF APPLICABLE]

[ADDRESS]

[PHONE]
[EMAIL]

Supporting Materials

☐ Proposed sentencing memorandum

☐ Judgment or plea materials identifying the exact offense and maximum penalty

☐ Date-of-birth documentation

☐ Criminal-history review addressing any prior felony

☐ Education or employment records

☐ Treatment, community-service, or restitution records

☐ Letters of support

☐ Victim-related information permitted for submission

Post-Sentence Completion Workflow

If probation or incarceration was imposed

Wis. Stat. § 973.015(1m)(b) assigns the certificate process to the detaining or probationary authority. Successful completion requires no subsequent conviction and, for probation, no revocation plus satisfaction of all probation conditions. State v. Lickes treats both court-imposed and Department of Corrections-imposed conditions as part of that requirement.

☐ Confirm the judgment ordered expungement at sentencing.

☐ Confirm there is no subsequent conviction.

☐ If probation was imposed, confirm there was no revocation and every court- and DOC-imposed condition was satisfied.

☐ Contact the probationary or detaining authority about issuance and forwarding of the certificate of discharge.

☐ Confirm with the clerk that the certificate was received and processed.

If neither probation nor jail/prison was imposed

Use official Form CR-266, Petition to Expunge Court Record of Conviction (Non-Probation/Non-Incarceration). The current form requires declarations that:

☐ the court ordered expungement when sentence was imposed;

☐ the person was not placed on probation;

☐ the person was not sentenced to jail or prison;

☐ the sentence, including all court-ordered financial obligations, was completed; and

☐ no other criminal offense resulted in conviction between this conviction and successful completion of the sentence.

The form is signed under the criminal penalty of false swearing and is distributed to the court, petitioner, and district attorney.

Limits of Relief

CR-266 expressly states that expungement affects only the court record of the conviction. Other court records and records held by police, the Crime Information Bureau, other law-enforcement agencies, and the district attorney are not affected. The conviction is not vacated or set aside. Section 973.015 also excludes qualifying Department of Transportation conviction information from subsection (1m).

Do not request an order compelling police, prosecutors, DOC, DOJ/CIB, or private background-screening vendors to destroy or seal their records under § 973.015.

Sources and References

• Wisconsin Legislature, Wis. Stat. § 973.015
• Wisconsin Court System, Form CR-266 page
• Wisconsin Court System, Form CR-266 PDF