PETITION FOR EXPUNGEMENT OF CRIMINAL RECORD
[STATE OF WISCONSIN – CIRCUIT COURT – [COUNTY] COUNTY]
Case No.: [_]
Judge: [_]
State of Wisconsin,
Plaintiff,
v.
[PETITIONER FULL LEGAL NAME],
Defendant/Petitioner.
TABLE OF CONTENTS
- Document Header
- Definitions
- Operative Provisions (Petition)
- Representations & Warranties (Affidavit)
- Covenants & Restrictions (Post-Order Duties)
- Default & Remedies
- Dispute Resolution & Jurisdiction
- General Provisions
- Execution Block
- Verification & Notary
- Proposed Order (Attachment A)
[// GUIDANCE: Delete in-line guidance before filing; retain bracketed placeholders for customization.]
1. DOCUMENT HEADER
1.1 Title. PETITION FOR EXPUNGEMENT OF CRIMINAL RECORD PURSUANT TO WIS. STAT. § 973.015.
1.2 Petitioner. [PETITIONER NAME], date of birth [MM/DD/YYYY], last four digits of SSN [_], current address [_].
1.3 Conviction Information.
(a) Docket/Case No.: [____].
(b) Offense(s): [OFFENSE] (Class [__] [Felony/Misdemeanor]).
(c) Disposition Date (Judgment of Conviction): [MM/DD/YYYY].
(d) Date Sentence Completed (including supervision): [MM/DD/YYYY].
1.4 Court. Circuit Court for [COUNTY] County, State of Wisconsin (“Sentencing Court”).
1.5 Relief Requested. Entry of an order expunging and sealing the above-captioned criminal record.
2. DEFINITIONS
For purposes of this Petition the following capitalized terms apply:
“Eligible Offense” means a crime eligible for expungement under Wis. Stat. § 973.015(1m), including (i) any misdemeanor, or (ii) a felony for which the maximum term of imprisonment is six (6) years or less, committed when Petitioner was under twenty-five (25) years of age.
“Expungement” or “Expunction” means the removal of the court record from access by the public and sealing of related agency records, except as otherwise available to law-enforcement personnel, pursuant to Wis. Stat. § 973.015(4).
“Record” means the judgment of conviction, docket entries, charging documents, transcripts, law-enforcement records, and any other materials relating to the Eligible Offense.
3. OPERATIVE PROVISIONS (PETITION)
3.1 Statutory Basis. Petitioner brings this Petition under Wis. Stat. § 973.015 and all other applicable authority.
3.2 Jurisdiction & Venue. The Sentencing Court retains continuing jurisdiction over the Record pursuant to Wis. Stat. § 973.015(3); venue is proper in [COUNTY] County where judgment was entered.
3.3 Eligibility Allegations. Petitioner affirmatively states:
(a) Age at Commission. Petitioner was [AGE] years old (under 25) on the offense date.
(b) Offense Classification. The crime constitutes an Eligible Offense as defined above.
(c) Completion of Sentence. Petitioner has satisfactorily completed all conditions of the sentence, including payment of fines/costs, incarceration, extended supervision, and/or probation, as certified by the Wisconsin Department of Corrections (“DOC”).
(d) Waiting Period. Any statutorily required waiting period of [__] months/years following sentence completion has elapsed.
(e) Absence of Subsequent Convictions. Petitioner has not been convicted of a subsequent felony or misdemeanor since sentence completion.
(f) Pending Matters. No criminal charges are currently pending against Petitioner in any jurisdiction.
3.4 Interests of Justice & Rehabilitation. Petitioner has demonstrated rehabilitation by [DESCRIPTION—e.g., gainful employment, educational achievements, community service], and expungement will further the purpose of restoring Petitioner to a law-abiding life.
3.5 Relief Requested. Petitioner respectfully requests that the Court:
(i) Order expungement of the Record pursuant to Wis. Stat. § 973.015;
(ii) Direct the Clerk of Court, Wisconsin DOJ Crime Information Bureau, DOC, and all other law-enforcement or administrative agencies holding the Record to seal, remove, or otherwise restrict access to such Record, retaining access only as permitted by statute; and
(iii) Grant such further relief as the Court deems just and equitable.
4. REPRESENTATIONS & WARRANTIES (AFFIDAVIT)
4.1 Truthfulness. Petitioner represents under penalty of perjury that all factual statements herein are true, correct, and complete to the best of Petitioner’s knowledge and belief.
4.2 Materiality. Petitioner acknowledges that the Court’s decision relies materially on these representations; any intentional misrepresentation constitutes contempt of court and may invalidate any order of expungement.
4.3 Survival. These representations shall survive the granting of the expungement order.
5. COVENANTS & RESTRICTIONS (POST-ORDER DUTIES)
5.1 Compliance Covenant. Petitioner shall comply with all lawful directives of the Court, Clerk, DOC, and Wisconsin DOJ necessary to effectuate expungement, including completion of any administrative forms and payment of any statutory filing fees.
5.2 Notification Obligation. Petitioner shall promptly notify any private background-check service known to Petitioner of the expungement order and provide proof of such notifications to the extent reasonably obtainable.
5.3 Limitation on Dissemination. Petitioner shall not knowingly disseminate the Record after expungement except as legally required (e.g., certain professional licensing applications).
6. DEFAULT & REMEDIES
6.1 Events of Default. Any material breach of the covenants in Section 5 constitutes an Event of Default.
6.2 Remedies. Upon default, the Court may, after notice and hearing, vacate the expungement order and reinstate the Record, in addition to exercising its contempt powers.
7. DISPUTE RESOLUTION & JURISDICTION
7.1 Governing Law. All matters arising under, or relating to, this Petition shall be governed by the laws of the State of Wisconsin.
7.2 Forum Selection. Exclusive jurisdiction and venue lie with the Circuit Court for [COUNTY] County, Wisconsin.
7.3 Arbitration/Jury Trial. Arbitration is not applicable; jury trial waiver is not applicable to this equitable proceeding.
7.4 Injunctive Relief. This Court retains authority to issue any injunctive orders necessary to enforce or effectuate expungement and sealing of the Record.
8. GENERAL PROVISIONS
8.1 Severability. If any provision of this Petition is held unenforceable, the remaining provisions shall remain in full force and effect.
8.2 Entire Petition. This document, together with Attachment A (Proposed Order) and any supporting exhibits, constitutes the entire request for expungement.
8.3 Amendments. This Petition may be supplemented or amended only by written motion filed with, and approved by, the Court.
9. EXECUTION BLOCK
Respectfully submitted this ___ day of ____, 20__.
[PETITIONER NAME]
Petitioner, pro se / by counsel
[ATTORNEY SIGNATURE BLOCK, if any]
[ATTORNEY NAME], State Bar No. [____]
[Law Firm]
[Address]
[Telephone] | [Email]
10. VERIFICATION & NOTARY
STATE OF WISCONSIN )
) SS.
COUNTY OF [____] )
I, [PETITIONER NAME], being first duly sworn on oath, state that I have read the foregoing Petition, know the contents thereof, and that the same is true and correct to the best of my knowledge, information, and belief.
[PETITIONER NAME]
Subscribed and sworn before me this ___ day of ____, 20__.
Notary Public, State of Wisconsin
My commission expires: [____]
11. ATTACHMENT A – PROPOSED ORDER FOR EXPUNGEMENT
[// GUIDANCE: File the Proposed Order as a separate document or attach immediately below the Petition signature block, per local practice.]
STATE OF WISCONSIN – CIRCUIT COURT – [COUNTY] COUNTY
State of Wisconsin, Plaintiff,
v.
[PETITIONER NAME], Defendant.
Case No.: [____]
ORDER FOR EXPUNGEMENT OF CRIMINAL RECORD
Based on the Petition, affidavits, and evidence presented, the Court FINDS and CONCLUDES:
1. Jurisdiction and venue are proper.
2. The offense in Case No. [____] is an Eligible Offense under Wis. Stat. § 973.015.
3. Petitioner was under twenty-five (25) years of age at the time of commission of the offense.
4. Petitioner has satisfactorily completed the sentence and all conditions thereof.
5. Expungement will benefit Petitioner and society and will not contravene public safety.
IT IS THEREFORE ORDERED:
A. The criminal Record in Case No. [____] is EXPUNGED pursuant to Wis. Stat. § 973.015, effective immediately.
B. The Clerk of Court shall seal the court file; access is restricted to law-enforcement personnel as provided by statute.
C. The Wisconsin Department of Justice Crime Information Bureau, Department of Corrections, and any other state, county, or municipal agency or official in possession of the Record shall remove the Record from public access databases, mark the Record “EXPUNGED,” and restrict dissemination accordingly.
D. Private background-check companies in receipt of this Order shall, within thirty (30) days of receipt, cease reporting the expunged Record.
E. The Court retains jurisdiction to enforce this Order and to issue further directives necessary to effectuate full expungement.
SO ORDERED this ___ day of ____, 20__.
Hon. [JUDGE NAME]
Circuit Court Judge, [COUNTY] County, Wisconsin
[// GUIDANCE: Attach certified DOC proof of sentence completion, proof of fee payment, and any character reference letters as separate exhibits, labeled Exhibit 1, Exhibit 2, etc.]