Wisconsin's Unusual Expungement Timing Rule
Wisconsin's expungement statute, Wis. Stat. § 973.015, differs from nearly every other state's approach in one critical way: expungement must be ordered at the time of sentencing. The sentencing court decides at that moment whether to authorize future expungement - you cannot come back years later and file a petition.
When a judge sentences a defendant on an eligible offense, the judge may - at the judge's discretion - make a finding that "it would be in the interest of justice" to allow expungement if the defendant successfully completes the sentence. If the judge makes this finding, expungement becomes available after sentence completion. If the judge does not make this finding at sentencing, no expungement is available for that conviction. Learn more about expungement vs. record sealing on our blog.
This creates a significant access problem: most defendants - especially those who are unrepresented or under-advised at sentencing - have no idea this window exists. By the time they realize they might have wanted expungement (often years later when a background check costs them a job or housing), the window has long since closed. Learn more about court record removal on our blog.
Who Qualifies for Wisconsin Expungement Under § 973.015
Wisconsin expungement under § 973.015 is limited to: For more information, visit the Wisconsin Courts.
Wisconsin's WCCA portal is one of the most publicly accessible court databases in the country - data brokers copy it extensively. Even if expungement isn't available, we can significantly reduce your online exposure. Learn more about background check reports on our blog.
Find Out What's Showing About You- Defendants who were under age 25 at the time of the offense (for felonies). For misdemeanor offenses, there is no age restriction as of a 2016 amendment to the statute.
- Offenses with a maximum sentence of 6 years or less - which covers misdemeanors and some Class G, H, and I felonies (the lower-level felony classes in Wisconsin). Higher-level felonies (Class A through Class F) carry maximum sentences exceeding 6 years and are categorically ineligible.
- The sentencing judge must have made an expungement finding at sentencing. Without this finding, no expungement is possible regardless of other factors.
- The sentence must be completed successfully - probation, fines, and any other conditions fully satisfied without violation.
Categorically Excluded Offenses
Even if all other requirements are met, certain offenses cannot be expunged in Wisconsin:
- Class A through Class F felonies (maximum sentence exceeds 6 years)
- Sexual assault offenses under Chapter 940
- Offenses against children including physical abuse of a child, child enticement, and child pornography
- OWI (operating while intoxicated) - Wisconsin's DUI equivalent
- Domestic violence offenses
How Expungement Is Implemented After Sentencing
If the sentencing court did authorize future expungement, the record is not automatically expunged at sentencing. Expungement becomes available only after the defendant successfully completes the entire sentence - completing any probation period, paying all fines and court costs, and satisfying any other conditions imposed at sentencing.
Upon successful completion, the defendant must notify the court that the sentence has been completed, and the court then implements the expungement order. The clerk of court updates the circuit court records and notifies the Wisconsin Department of Justice to update the state criminal history database. The Wisconsin Circuit Court Access (WCCA) portal is updated to reflect the expungement.
Critically, if the defendant violates probation or fails to complete all conditions, expungement may be denied even if it was authorized at sentencing. Successful completion is the trigger - it is not automatic.
Dismissed Charges and Arrests Without Conviction
The at-sentencing timing rule applies to conviction-based expungement. For arrests that did not result in conviction - dismissed charges, acquittals, charges not filed - Wisconsin allows petition-based removal of arrest records under Wis. Stat. § 165.84 and related provisions. Individuals can request that the Wisconsin Department of Justice (DOJ) restrict access to arrest records where no conviction resulted. For more information, visit the Wisconsin Legislature.
This process is separate from the § 973.015 expungement and can be pursued after the final court disposition, with no waiting period. If your charge was dismissed or you were acquitted, you may be eligible to have the arrest record restricted from the DOJ's criminal history database even if you cannot expunge a conviction.
Wisconsin Circuit Court Access (WCCA): Why Online Exposure Is Especially Severe
Wisconsin Circuit Court Access - wcca.wicourts.gov - is the state's online court records portal, and it is one of the most comprehensive and freely accessible state court databases in the United States. WCCA displays case records from all 72 Wisconsin counties, including criminal case information showing charges, dispositions, sentencing details, and case status for most criminal matters.
Because WCCA is so accessible and contains such comprehensive data, it has become a primary source for data brokers and background check companies. A Wisconsin court record is very likely to appear within days or weeks in commercial background check reports, data broker profiles, and search engine results for your name. The combination of WCCA's openness and Wisconsin's restrictive expungement law - particularly the at-sentencing rule - creates a uniquely challenging situation for individuals who didn't receive expungement at the time of conviction.
After a successful expungement order is implemented, the WCCA record is updated and restricted from public view. However, data brokers that previously copied the case data will not automatically update their databases when the WCCA record is sealed.
Online Removal When Legal Expungement Is Not Available
For the majority of Wisconsin residents who did not receive expungement at sentencing - or whose offense doesn't qualify - online removal and suppression is the most actionable path forward.
Data Broker Opt-Outs
Major data broker sites including Spokeo, BeenVerified, Intelius, Whitepages, TruthFinder, Instant Checkmate, and dozens of others maintain searchable profiles containing Wisconsin court records sourced from WCCA and similar public data repositories. Each site has its own removal or opt-out process. Systematic submission of opt-out requests across all major sites can meaningfully reduce the ease with which casual searchers find your court records.
FCRA Background Check Disputes
For background check reports used in employment, housing, or credit decisions, the Fair Credit Reporting Act gives you the right to dispute inaccurate information. If a report misidentifies charges, reports dismissed charges as convictions, or contains information belonging to someone else, a formal FCRA dispute requires the consumer reporting agency to investigate and correct within 30 days.
Search Engine Suppression
Building a positive online presence - professional profiles, LinkedIn, business website listings, positive news coverage, authored content - can push negative search results including WCCA listings lower in search engine results for your name. Most hiring managers, landlords, and lenders who conduct casual online searches do not look beyond the first page of results. Suppression strategies are often highly effective at reducing real-world impact even when records cannot be legally removed.
Wis. Stat. § 973.015 governs expungement in Wisconsin. The critical rule: expungement must be ordered by the sentencing court at the time of sentencing - you cannot petition the court years later. This makes Wisconsin one of the most restrictive states for post-conviction relief. Official court records (WCCA) are at wicourts.gov. Statutory text is at docs.legis.wisconsin.gov.
If expungement was not ordered at your sentencing, online removal strategies - data broker opt-outs and search suppression - are typically your only practical path forward in Wisconsin.
Authoritative Resources
Related Guides
Wisconsin Court Records: What Shows Where
| Record Type / Platform | Legal Relief Available? | Online Removal Possible? |
|---|---|---|
| Conviction - expungement ordered at sentencing | Yes - § 973.015 (after sentence completion) | Yes - after expungement implemented |
| Conviction - no expungement at sentencing | No - window closed at sentencing | Partial - data broker removal and suppression |
| Arrest without conviction / dismissed charge | Limited - § 165.84 DOJ restriction process | Yes - opt-out and removal requests |
| OWI conviction | No - categorically excluded | Partial - data broker removal and suppression |
| High-level felony (Class A-F) | No - sentence exceeds 6yr limit | Partial - data broker removal possible |
| Sex offense / child offense | No - categorically excluded | Very limited - some data broker removal |
| WCCA portal listing | Only if expungement ordered at sentencing | Partial - third-party copies still persist |
| Data broker / background check sites | No legal remedy | Yes - opt-out and removal requests |
| News archive articles | No legal remedy | Sometimes - voluntary removal by publisher |
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Frequently Asked Questions
Yes. Wisconsin's expungement law under Wis. Stat. § 973.015 requires that the sentencing court order expungement at the time of sentencing. You cannot petition the court years later to expunge a conviction. If expungement was not ordered at sentencing, you generally cannot obtain it for that conviction afterward.
If the sentencing court did not order expungement, you generally have no legal pathway to expunge that conviction under current Wisconsin law. This is one of the most significant gaps in Wisconsin's record relief framework. Online removal through data broker opt-outs and search suppression becomes your primary practical option.
Wisconsin Circuit Court Access (wcca.wicourts.gov) is one of the most comprehensive and freely accessible state court databases in the country. It includes case information from all 72 Wisconsin counties, showing charges, dispositions, sentencing, and other case details. Because of its accessibility, WCCA data is extensively copied by background check companies and data aggregators.
Yes - online removal from data broker sites is possible regardless of whether legal expungement is available. Sites like Spokeo, BeenVerified, and hundreds of similar platforms can be submitted opt-out requests. Background check companies subject to the FCRA must investigate accuracy disputes. Search suppression through content creation can also push court record listings lower in search results.
Wisconsin offers deferred prosecution agreements and deferred adjudication in some cases, which can result in dismissal of charges upon completion of program conditions. Pardons are available through the Wisconsin Pardon Advisory Board, though these do not seal records. There is no clean slate automatic sealing program in Wisconsin as of 2026.
Under Wis. Stat. § 973.015, expungement is only available for offenses committed before the age of 25, where the maximum sentence was 6 years or less. In practice, this means most eligible offenses are misdemeanors or low-level Class H or I felonies. The sentencing judge must determine at the time of sentencing that the person will benefit from expungement and that society will not be harmed. If the judge does not make this determination and order expungement at sentencing, expungement cannot be granted later. After completing the sentence, the defendant may file with the clerk of court to have the record expunged.
The Wisconsin Circuit Court Access (WCCA) at wcca.wicourts.gov is one of the most extensively scraped court databases in the country because it is free, comprehensive, and covers all 72 counties. This means Wisconsin criminal records appear on background check sites and data broker platforms very quickly after charges are filed - sometimes before a case is resolved. Even after expungement, companies that scraped WCCA before the expungement will continue displaying the record until separately contacted. The combination of WCCA's accessibility and Wisconsin's restrictive expungement law means online removal strategies are especially important for Wisconsin residents.
After Wisconsin expungement, you may legally answer "no" to questions about convictions on employment applications in most private-sector contexts. The Wisconsin DOJ criminal history record is updated to reflect the expungement. However, because WCCA is public and heavily scraped, background check companies may still have the record cached. Additionally, some background check providers distinguish between expungement orders and actual record removal - you should provide documentation of the expungement to any background check company that surfaces the record and request an update. Under the FCRA, they must investigate and correct inaccurate information within 30 days.