Who is eligible for expungement in Wisconsin?

You must have been under age 25 at the time of the offense and convicted of a misdemeanor or a Class H or I felony (maximum 6 years imprisonment). You cannot have prior felony convictions (for felony expungement), the offense cannot be violent, and the judge must have ordered expungement at your sentencing. Victims of human trafficking convicted of prostitution may petition regardless of age.

Can I request expungement after sentencing in Wisconsin?

Under current law, expungement must generally be ordered by the judge at the time of sentencing. If the judge did not order it then, you typically cannot petition for it later. This is the most significant limitation of Wisconsin's expungement law. Governor Evers has proposed reforms to allow post-sentencing petitions, but as of March 2026 these have not been enacted.

How much does expungement cost in Wisconsin?

There is generally no filing fee for expungement in Wisconsin — the process is automatic once you complete your sentence and the certificate of discharge is filed. If you were sentenced only to a fine (no probation or jail), you must file Form CR-266, which has no filing fee. The primary cost is hiring an attorney to advocate for expungement at sentencing, typically $400–$1,500.

Does expungement restore gun rights in Wisconsin?

No. Expungement does not restore firearm rights lost due to a felony conviction. Federal law (18 U.S.C. § 922(g)) prohibits firearm possession by convicted felons regardless of state expungement. Only a governor's pardon can restore gun rights in Wisconsin.

What happens if my probation officer never submitted the certificate of discharge?

If you successfully completed your sentence and the expungement was ordered at sentencing but your record has not been expunged after 6–9 months, contact your defense attorney or the court clerk. The probation or correctional authority is required by law to submit the certificate of discharge. You may also contact the Wisconsin Department of Corrections to follow up.

Can I get a felony expunged in Wisconsin?

Only Class H felonies (max 6 years) and Class I felonies (max 3.5 years) may be expunged, and only if you were under 25 at the time of the offense, had no prior felony convictions, and the offense was not violent. Class A through G felonies are never eligible for expungement.

Wisconsin (WI) — Expungement & Record Clearing

Wisconsin has very limited expungement under Wis. Stat. § 973.015. Only people who were under age 25 at the time of the offense and convicted of a misdemeanor or Class H/I felony (max 6 years) may qualify — and the judge must order expungement at sentencing. Upon successful sentence completion, court records are sealed automatically via a certificate of discharge, with no filing fee. However, the conviction remains in the DOJ Crime Information Bureau database and may still appear on certain background checks. Expungement does not restore gun rights. For those ineligible, a governor’s pardon is the main alternative (requires 5+ years after sentence completion). Below is the full guide with eligibility, step-by-step process, costs, limitations, and FAQ.

Prepare questions about a record-clearing process

Last updated: 2026-10-29

Overview

Wisconsin has one of the most restrictive expungement laws in the country. Under Wis. Stat. § 973.015, expungement is generally available only to people who were under age 25 at the time of the offense and were convicted of a misdemeanor or low-level felony (Class H or I) carrying a maximum sentence of 6 years or less. Critically, expungement must be ordered by the judge at the time of sentencing — if the judge does not grant it then, the opportunity is generally lost. Upon successful completion of the sentence, the court record is sealed, but the conviction remains in the Wisconsin DOJ Crime Information Bureau (CIB) database.

Official term: Expungement (Wis. Stat. § 973.015) — Wisconsin uses the term "expungement," but it only seals court records — it does not destroy the record. The conviction remains in the DOJ Crime Information Bureau database and can still appear on certain background checks.

What can be cleared in Wisconsin, by record type

Checked against the statutes and official court or agency pages on 2026-10-29. Informational only, not legal advice — the exact offense, sentence, dates and later cases decide whether a particular record qualifies.

Wisconsin uses "expungement" (also called "expunction" in Supreme Court Rule 72.06) for a court order under Wis. Stat. § 973.015 (adults) or § 938.355(4m) (juveniles) that removes a court's record of a conviction or delinquency adjudication. Under SCR 72.06, when a court record is expunged, the clerk of court removes the paper index and automated nonfinancial record (including from Wisconsin Circuit Court Access, WCCA/CCAP) and seals the case file. However, as stated on Wisconsin Court Form CR-266 and in the statutory annotations to § 973.015 (State v. Leitner), expungement affects only the court record of the conviction: the conviction is not vacated or set aside (except for human-trafficking victims under § 973.015(2m)), and records held by the police, the Wisconsin Department of Justice Crime Information Bureau (CIB), other law enforcement agencies, and the district attorney are not destroyed or sealed by a § 973.015 court expungement. Separately, for an arrest that ended in release without charge or clearance in court, Wis. Stat. § 165.84(1) allows the person to request removal of the arrest fingerprint record from DOJ CIB files.

Sources: Wisconsin Supreme Court Rules Chapter 72 (SCR 72.06, PDF) (SCR 72.06 Expunction, p. 328); Wisconsin Circuit Court Form CR-266: Petition to Expunge Court Record of Conviction (PDF) (Item 1); Wis. Stat. § 973.015 (Wisconsin State Legislature) (Wis. Stat. § 973.015 Annotation (State v. Leitner)); Wis. Stat. § 165.84 (Wisconsin State Legislature) (Wis. Stat. § 165.84(1))

Arrest or charge with no conviction

Limited

Remedy: Removal of arrest fingerprint record from Wisconsin DOJ Crime Information Bureau (CIB) records upon request (Wis. Stat. § 165.84(1))
Waiting period: None once released without charge or cleared of the offense through court proceedings

Under Wis. Stat. § 165.84(1), any person who was arrested or taken into custody and subsequently released without charge, or cleared of the offense through court proceedings (such as an acquittal or dismissal of all charges), is entitled upon request to have the fingerprint record taken in connection with that arrest removed from the Wisconsin Department of Justice's records. However, Wisconsin has no general statute authorizing the expungement or sealing of adult circuit court docket entries (WCCA/CCAP) for dismissed or acquitted charges.

Applies only to the DOJ fingerprint record when the person was released without charge or cleared of the offense through court proceedings
Does not expunge or seal circuit court records (WCCA/CCAP) or local police/prosecutor files

Source: Wis. Stat. § 165.84 (Wisconsin State Legislature) (Wis. Stat. § 165.84(1))

Misdemeanor conviction

Limited

Remedy: Special disposition expungement ordered at the time of sentencing for offenses committed under age 25 (Wis. Stat. § 973.015(1m)); vacation or expungement at any time for prostitution convictions committed as a trafficking victim (§ 973.015(2m))
Waiting period: Upon successful completion of the sentence (including payment of all court-ordered financial obligations and completion of probation without revocation or a subsequent offense), provided the judge ordered expungement at the time of sentencing

Under Wis. Stat. § 973.015(1m)(a)1., a Wisconsin circuit court may expunge an adult misdemeanor conviction only if (1) the person was under the age of 25 at the time the offense was committed, (2) the court explicitly ordered at the time of sentencing that the record be expunged upon successful completion of the sentence (after finding the person will benefit and society will not be harmed), and (3) the person successfully completes the sentence without a subsequent criminal conviction, without probation revocation, and with all probation conditions and court-ordered financial obligations satisfied. If the court did not order expungement at the sentencing hearing, a person cannot petition to expunge the conviction later (except victims of human trafficking seeking relief for a prostitution conviction under Wis. Stat. § 944.30 pursuant to § 973.015(2m)).

Person was 25 years of age or older at the time of the offense (except human-trafficking victims petitioning under § 973.015(2m) for a violation of § 944.30)
Judge did not order expungement at the time of sentencing
Any subsequent offense conviction before sentence completion, probation revocation, or failure to satisfy probation conditions or court-ordered financial obligations
Expungement does not delete DOT information required by § 343.23(2)(a)

Sources: Wis. Stat. § 973.015 (Wisconsin State Legislature) (Wis. Stat. § 973.015(1m)(a)1., (b); Wis. Stat. § 973.015(1m)(b)); Wisconsin Circuit Court Form CR-266: Petition to Expunge Court Record of Conviction (PDF) (Items 2, 5, 6)

Felony conviction

Limited

Remedy: Special disposition expungement ordered at the time of sentencing for eligible Class H or Class I felonies (maximum imprisonment 6 years or less) committed under age 25 by a person with no prior felony (Wis. Stat. § 973.015(1m))
Waiting period: Upon successful completion of the sentence and discharge by the detaining or probationary authority, provided expungement was ordered by the judge at the time of sentencing

A Wisconsin felony conviction can be expunged under Wis. Stat. § 973.015(1m) only if all of the following are true: (1) the person was under age 25 when the offense was committed; (2) the offense carries a maximum period of imprisonment of 6 years or less (which in Wisconsin covers only Class H and Class I felonies); (3) the person has never been convicted of a prior felony offense in their lifetime; (4) the felony is not a violent offense as defined in Wis. Stat. § 301.048(2)(bm) and is not a listed stalking (§ 940.32), physical child abuse (§ 948.03), sexual assault of a student by school staff (§ 948.095), or concealing death of a child (§ 948.23(1)(a)) offense; (5) the judge ordered expungement at the time of sentencing; and (6) the person completes the sentence and any probation without revocation or a new conviction. All Class A through Class G felonies, and any felony committed at age 25 or older, can only be cleared in meaning through a Governor's pardon (which does not seal the court record).

All Class A, B, C, D, E, F, and G felonies (maximum imprisonment exceeds 6 years)
Person was 25 or older at the time of the offense, or the judge did not order expungement at the time of sentencing
Any prior felony conviction in the person's lifetime
Any Class H or Class I felony that is a violent offense under Wis. Stat. § 301.048(2)(bm)
Class H violations of Wis. Stat. §§ 940.32 (stalking), 948.03(2), (3), or (5)(a)1.–4. (child abuse), or 948.095, and Class I violations of § 948.23(1)(a)

Source: Wis. Stat. § 973.015 (Wisconsin State Legislature) (Wis. Stat. § 973.015(1m)(a)3.; Wis. Stat. § 973.015(1m)(a)3.a.; Wis. Stat. § 973.015(1m)(a)3.b.)

DUI / DWI conviction

Limited

Remedy: Limited court-record expungement under Wis. Stat. § 973.015; DOT records and repeat-OWI consequences remain
Waiting period: Upon successful sentence completion only if expungement was validly ordered at sentencing and all § 973.015 conditions apply

Wisconsin’s DOT-record exception does not itself prohibit expungement of an eligible criminal court record. A qualifying criminal OWI-related conviction may be considered under § 973.015 only when its age, offense, sentencing-order and sentence-completion requirements are met. A first-offense civil forfeiture is different. Expungement does not erase DOT information or vacate the conviction: State v. Braunschweig, 2018 WI 113, holds that an expunged OWI conviction still counts for later OWI penalties. Obtain case-specific review rather than assuming either a blanket ban or automatic eligibility.

DOT information required under § 343.23(2)(a) is not expunged
The underlying conviction can still count toward later OWI penalties
The age-at-offense, maximum-penalty, sentencing-order and other statutory restrictions still apply

Sources: Wis. Stat. § 973.015 (Wisconsin State Legislature) (Wis. Stat. § 973.015(1m)(a)1.); Wisconsin Supreme Court — State v. Braunschweig, 2018 WI 113 (¶ 2)

Drug possession conviction

Limited

Remedy: First-offender conditional discharge and dismissal without adjudication of guilt for non-narcotic misdemeanor possession (Wis. Stat. § 961.47(1)); special-disposition expungement ordered at sentencing if committed under age 25 (Wis. Stat. § 973.015(1m))
Waiting period: Upon fulfillment of probation conditions for conditional discharge under Wis. Stat. § 961.47(1), or upon successful completion of the sentence if ordered at sentencing for an offense under age 25 under Wis. Stat. § 973.015(1m)

Wisconsin provides two limited avenues for drug-possession offenses. First, under Wis. Stat. § 961.47(1), if a person with no prior federal, state, or county drug conviction pleads or is found guilty of possessing or attempting to possess a controlled substance under Wis. Stat. § 961.41(3g)(b), the court may defer proceedings without entering a judgment of guilt and place the person on probation; upon fulfillment of the conditions, the court must discharge the person and dismiss the proceedings without an adjudication of guilt (available once per lifetime). Second, if the person was under age 25 at the time of a misdemeanor or eligible first-time Class H/I felony drug offense and the judge ordered expungement at sentencing under Wis. Stat. § 973.015(1m), the court record is expunged upon successful completion of the sentence.

Conditional discharge under Wis. Stat. § 961.47(1) applies only to offenses under § 961.41(3g)(b), requires no prior drug convictions anywhere, and may be granted only once per person
Court-record expungement under Wis. Stat. § 973.015(1m) requires that the person was under age 25, had no prior felony (if a Class H/I felony), and received an expungement order at the time of sentencing

Source: Wis. Stat. § 961.47 (Wisconsin State Legislature) (Wis. Stat. § 961.47(1))

Juvenile record

Generally available

Remedy: Petition to expunge the juvenile court's record of a delinquency adjudication upon attaining age 17 (Wis. Stat. § 938.355(4m))
Waiting period: Upon attaining 17 years of age and satisfactorily complying with the conditions of the dispositional order

Under Wis. Stat. § 938.355(4m)(a), a juvenile who has been adjudged delinquent under Chapter 938 (or former § 48.12) may, upon attaining 17 years of age, petition the court to expunge the court's record of the delinquency adjudication. Unlike adult expungement under § 973.015, juvenile expungement does not have to be ordered at the original disposition hearing. The court may expunge the record if it determines that the juvenile has satisfactorily complied with the conditions of the dispositional order and that the juvenile will benefit from, and society will not be harmed by, the expungement (and must expunge a first adjudication for an invasion-of-privacy offense under § 942.08(2)(b)–(d) or (3) upon satisfactory compliance).

Juvenile must have satisfactorily complied with the conditions of the dispositional order
Court must find that the juvenile will benefit from, and society will not be harmed by, the expungement

Source: Wis. Stat. § 938.355(4m) (Wisconsin State Legislature) (Wis. Stat. § 938.355(4m)(a)–(b))

Routes and conditions to check

✓Under age 25 at the time of the offense
✓Convicted of a misdemeanor (any class)
✓Convicted of a Class H felony (max 6 years imprisonment) with no prior felony convictions and the offense is not violent
✓Convicted of a Class I felony (max 3.5 years imprisonment) with no prior felony convictions and the offense is not violent
✓Judge ordered expungement eligibility at the time of sentencing
✓Successfully completed the entire sentence (probation, fines, restitution, community service)
✓Victims of human trafficking convicted of prostitution (Wis. Stat. § 944.30) — no age limit
✓Persons under 18 convicted of invasion of privacy (Wis. Stat. § 942.08) — mandatory expungement

Exclusions and limits to check

✗Age 25 or older at the time of the offense (with narrow exceptions)
✗Class A through G felonies (maximum sentence exceeding 6 years)
✗Violent felonies as defined in Wis. Stat. § 301.048(2)(bm)
✗Stalking (Wis. Stat. § 940.32)
✗Child abuse (Wis. Stat. § 948.03)
✗Sexual assault offenses
✗OWI / intoxicated driving convictions
✗Class H felony with a prior felony conviction on record
✗Class I felony with a prior felony conviction on record
✗Judge did not order expungement at sentencing (for pre-2025 convictions)

Waiting Periods

Sentenced to probation (expungement ordered at sentencing)	Upon successful completion of probation — automatic via certificate of discharge
Sentenced to incarceration (expungement ordered at sentencing)	Upon successful completion of full sentence — automatic via certificate of discharge
Sentenced to fine/restitution only (no probation or jail)	After full payment — must file Form CR-266 petition with the court
Trafficking victim (prostitution conviction)	May petition at any time with evidence of trafficking

Step-by-Step Process

Request expungement at sentencing

Your defense attorney must raise the issue of expungement during your sentencing hearing. The judge decides whether to order that the record be expunged upon successful completion of your sentence. If the judge does not grant it at this stage, the opportunity is generally lost.

Complete your sentence successfully

You must complete all conditions of your sentence without any violations. This includes finishing probation, paying all fines and restitution in full, paying all supervision fees, completing community service, and avoiding any new criminal convictions.

Certificate of discharge is issued

Upon successful completion, your probation or parole officer (or the detaining authority) submits a certificate of discharge to the court of record. This triggers the expungement process automatically — you do not need to file a separate petition.

Court seals the record

The court clerk seals both paper and electronic court files. The conviction is removed from CCAP (Wisconsin Circuit Court Access), the public online court records system. A court order is required to unseal the record.

File Form CR-266 if no probation/incarceration

If you were sentenced only to a fine or restitution (no probation or jail time), expungement is not automatic. You must file Form CR-266 (Petition to Expunge Criminal Court Record of Conviction — Non-Probation/Non-Incarceration) with the court where you were convicted.

Automatic Relief in Wisconsin

Wisconsin does not have a broad automatic expungement or record-sealing program. However, if the sentencing judge ordered expungement at the time of sentencing, the process becomes self-executing upon successful sentence completion — the probation/correctional authority submits a certificate of discharge and the court clerk seals the record without any petition required from the defendant.

Scenario	Timing and conditions
Expungement ordered at sentencing + probation completed successfully	Automatic upon certificate of discharge from probation officer
Expungement ordered at sentencing + incarceration completed successfully	Automatic upon certificate of discharge from detaining authority
Invasion of privacy (§ 942.08) committed under age 18	Mandatory expungement upon successful sentence completion

Costs

Filing fee: No filing fee for standard expungement (automatic upon sentence completion)
Fee waiver: N/A — there is generally no fee to file
Attorney (optional): $400–$1,500 typical range (helpful at sentencing stage to request expungement)

The main cost is hiring an attorney to advocate for expungement at sentencing. If you need certified copies of court documents, clerks may charge $1.25 per page plus a $5 certification fee. Legal aid organizations such as the Milwaukee Justice Center offer free assistance.

Timeline

With attorney: Depends on sentence length — expungement occurs upon completion
Standard: Weeks to months after certificate of discharge is submitted

There is no separate court proceeding after sentencing. The timeline depends entirely on how long it takes to complete your sentence. Once the certificate of discharge is filed, courts typically process the expungement within a few weeks, though delays of several months are common.

Effects of the relief

✓Removes the conviction from CCAP (Wisconsin Circuit Court Access) public records
✓Seals both paper and electronic court files
✓Expunged record is not considered a conviction for employment purposes (per 2025 Wis. Act 82 amendments)
✓Expunged record is not considered a conviction for licensing agency purposes
✓Helps remove barriers to housing and education opportunities
✓Only a court order can unseal an expunged record

Limits of the relief

✗Does NOT remove the conviction from the DOJ Crime Information Bureau (CIB) database
✗Does NOT seal records held by law enforcement agencies, district attorneys, or the FBI
✗Does NOT restore firearm rights lost due to a felony conviction (only a governor's pardon can do this)
✗Does NOT prevent law enforcement from accessing the record
✗Does NOT remove the conviction from the Wisconsin DOJ WORCS (Wisconsin Online Record Check System)
✗Does NOT apply retroactively — judge must have ordered expungement at sentencing
✗Does NOT prevent courts from referencing expunged offenses during sentencing for subsequent crimes

Other Relief Options in Wisconsin

Governor's Pardon

Available to those convicted of a Wisconsin felony who completed their sentence at least 5 years ago, have no pending criminal charges, and are not required to register as a sex offender. Pardons restore rights such as firearm possession, jury service, and eligibility for public office. Processing takes approximately 18–24 months. Governor Evers has granted over 1,600 pardons since taking office.

Arrest Record Removal (Wis. Stat. § 165.84)

If you were arrested but never charged, or your charges were dismissed or you were acquitted, you can request removal of fingerprint and arrest records from the DOJ Crime Information Bureau. Submit a written request with documentation showing the case outcome.

DNA Databank Expungement (Wis. Stat. § 165.77)

If your conviction is reversed, dismissed, or you are acquitted, you may request removal of your DNA profile from the Wisconsin DNA Databank using the DOJ expungement request form.

Frequently Asked Questions

Who is eligible for expungement in Wisconsin?: You must have been under age 25 at the time of the offense and convicted of a misdemeanor or a Class H or I felony (maximum 6 years imprisonment). You cannot have prior felony convictions (for felony expungement), the offense cannot be violent, and the judge must have ordered expungement at your sentencing. Victims of human trafficking convicted of prostitution may petition regardless of age.
Can I request expungement after sentencing in Wisconsin?: Under current law, expungement must generally be ordered by the judge at the time of sentencing. If the judge did not order it then, you typically cannot petition for it later. This is the most significant limitation of Wisconsin's expungement law. Governor Evers has proposed reforms to allow post-sentencing petitions, but as of March 2026 these have not been enacted.
Does Wisconsin expungement clear my record from background checks?: Only partially. Expungement removes the conviction from CCAP (the public court records system) and seals court files. However, the conviction remains in the Wisconsin DOJ Crime Information Bureau (CIB) database, which is accessible through the WORCS background check system. Employers, landlords, and licensing agencies who use CIB checks may still see the conviction.
How much does expungement cost in Wisconsin?: There is generally no filing fee for expungement in Wisconsin — the process is automatic once you complete your sentence and the certificate of discharge is filed. If you were sentenced only to a fine (no probation or jail), you must file Form CR-266, which has no filing fee. The primary cost is hiring an attorney to advocate for expungement at sentencing, typically $400–$1,500.
Does expungement restore gun rights in Wisconsin?: No. Expungement does not restore firearm rights lost due to a felony conviction. Federal law (18 U.S.C. § 922(g)) prohibits firearm possession by convicted felons regardless of state expungement. Only a governor's pardon can restore gun rights in Wisconsin.
What happens if my probation officer never submitted the certificate of discharge?: If you successfully completed your sentence and the expungement was ordered at sentencing but your record has not been expunged after 6–9 months, contact your defense attorney or the court clerk. The probation or correctional authority is required by law to submit the certificate of discharge. You may also contact the Wisconsin Department of Corrections to follow up.
Can I get a felony expunged in Wisconsin?: Only Class H felonies (max 6 years) and Class I felonies (max 3.5 years) may be expunged, and only if you were under 25 at the time of the offense, had no prior felony convictions, and the offense was not violent. Class A through G felonies are never eligible for expungement.
What is the alternative if I am not eligible for expungement?: The primary alternative is a governor's pardon. You may apply if you completed your felony sentence at least 5 years ago, have no pending charges, and are not required to register as a sex offender. Pardons restore civil rights and can restore firearm rights but do not seal your record. Processing takes approximately 18–24 months.

Take Action — Direct Links

Expungement Petition Form (CR-266)
Official Wisconsin Court System form CR-266 (Petition to Expunge Criminal Court Record of Conviction — Non-Probation/Non-Incarceration) — for cases where only a fine or restitution was imposed.
Request Your Criminal Record (DOJ WORCS)
Wisconsin Online Record Check System (WORCS) — request your criminal history from the DOJ Crime Information Bureau online ($7 per search).
Free Legal Help — Legal Action of Wisconsin
Legal Action of Wisconsin provides free legal assistance for expungement, pardons, and driver's license recovery through its Road to Opportunity Project for low-income residents.
Wisconsin Courts Self-Help Law Center
Wisconsin Court System self-help center — forms, guides, and resources for people representing themselves in court, including expungement procedures.
Wis. Stat. § 973.015 — Full Statute Text
Full text of Wisconsin Statute § 973.015 (Special disposition) from the official Wisconsin Legislature website — the expungement statute.