Wisconsin’s expungement laws have long been considered some of the most restrictive in the country. For years, advocates, attorneys, and lawmakers have pushed to change that. Now, proposed legislation and continued advocacy are keeping the conversation moving forward, and if you have a prior conviction on your record, understanding what these changes could mean is worth your time.
What Does Wisconsin’s Current Expungement Law Allow?
Under current Wisconsin law, expungement eligibility is narrow, tied to age at the time of the offense and the maximum period of imprisonment for the offense.
Under Wisconsin Statute § 973.015, a court may order expungement at the time of sentencing when a person was under age 25 when the offense was committed, the offense carries a maximum period of imprisonment of six years or less, and the court determines that the person will benefit from expungement and society will not be harmed by it. The person must also complete the sentence for the expungement to take effect.
Certain offenses are excluded entirely, including those that require sex offender registration. Misdemeanors and felonies both fall under this framework, but the age cap and other statutory restrictions lock out a large portion of people who might otherwise benefit from a clean record.
Wisconsin’s approach stands in contrast to many neighboring states, where broader expungement or record-sealing options exist regardless of the offender’s age at the time of the offense.
What Changes Are Being Proposed?
Wisconsin lawmakers and advocates have proposed legislation in recent sessions that would expand eligibility for expungement and change aspects of the current process, but those efforts have not become law.
Several legislative proposals have surfaced across recent sessions, with significant changes centered on three areas:
- Removing the age restriction. Past proposals have sought to remove the requirement that a person be under age 25 when the offense was committed, potentially allowing older adults to qualify for relief.
- Expanding eligibility. Past proposals have also sought to expand the types of convictions that could qualify for expungement and reduce other restrictions in the current law.
- Changing the timing and process. Some proposed reforms have sought to give courts greater flexibility to address expungement after a person completes a sentence rather than requiring the expungement decision to be made at sentencing.
The Wisconsin Legislature has seen versions of this debate across multiple sessions. Advocacy groups such as the American Civil Liberties Union of Wisconsin have historically supported expanding Wisconsin’s expungement laws, citing the economic and public-safety benefits of reducing the barriers associated with old criminal records. The ACLU of Wisconsin has also identified expungement reform as an issue that advocates intend to continue pursuing in future legislative sessions.
Why Does Expungement Matter for Everyday Life?
A criminal record can create barriers in housing, employment, and education. Expungement can reduce those barriers for people who have served their time.
Background checks are routine for employers, landlords, and licensing boards. A conviction, even a misdemeanor from years ago, can disqualify someone from a job, an apartment, or a professional license. In Wisconsin, where the current law limits who qualifies, many people carry those consequences indefinitely despite having fully satisfied their legal obligations.
Expungement in Wisconsin generally results in the criminal court record being sealed, and an expunged case is removed from public access through the Wisconsin Circuit Court Access system. The record is not necessarily destroyed, and access may remain available under certain circumstances. Importantly, expungement does not erase the underlying conviction or restore rights lost as a result of that conviction. It generally seals the court record from public access rather than undoing the conviction itself.
An expunged case generally will no longer appear through Wisconsin Circuit Court Access, which can reduce the ability of members of the public to access information about the conviction. However, expungement does not necessarily mean that every government or background-check database will be unable to access or retain information about the case.
Communities across central and eastern Wisconsin, including those served by courts in Columbia, Sauk, and Manitowoc counties, see this issue play out regularly. People with old, low-level convictions often struggle to access stable employment and housing, not because they pose any ongoing risk, but because the legal barrier remains in place.
What Should You Do If You Think You Might Qualify?
If you have a conviction on your record, the time to review your eligibility under current law is now, not after future legislation passes.
Waiting for legislation to pass before taking action can cost you time. If you were eligible for expungement under Wisconsin Statute § 973.015 and the sentencing court ordered expungement upon successful completion of your sentence, you may already be entitled to have the record expunged if you completed the sentence. Because the expungement decision generally must be made at sentencing, people whose cases were not made eligible at that time may face significant limitations under current law.
If proposed changes do become law, the new eligibility rules will not necessarily apply retroactively in every case without action on your part. Staying informed about changes to Wisconsin’s expungement laws can help you understand whether future legislation may affect your options.
Courts in Columbia County (Portage), Sauk County (Baraboo), and Manitowoc County each handle expungement matters under local procedures, and experience with those courts matters when you are addressing something as consequential as this.
What West & Dunn Can Do for You
West & Dunn handles criminal defense and record matters across Wisconsin, including offices in Lodi, Waunakee, Baraboo, and Manitowoc.
At West & Dunn, we follow developments in Wisconsin criminal law closely, including proposed changes to expungement eligibility. Whether you want to know if you currently qualify, want to prepare for potential changes, or need help understanding the expungement process, our team is ready to walk you through it.
We serve clients across Wisconsin from four convenient locations. If you are ready to take a serious look at your record and your options, contact us or call us at 608-490-9449. A conversation with our team costs nothing but time, and it may open more doors than you expect.
Last updated: June 2026
