How would one go about having their record expunged?

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I have a domestic on my file and it is not allowing me to hunt, join the military, or to go to school and get a degree in gunsmithing so I can own my own business restoring old historic guns and to modify or repair guns for the local hunting crowds that are a huge part of the industry here in northern Wisconsin.

Attorney Answers

4
Charles Kenyon ·
If you have a "misdemeanor crime of domestic violence" on your record that is a lifetime disqualification. Not all Wisconsin "domestics" fit that definition. See my guide linked below. The only way to get an expungment under the statutes is to be 25 or younger at the time of the crime and have the judge determine at the time of sentencing that it is appropriate. If that did not happen, there is no way for you to force an expungement. It may be possible to have this taken off your record but no one can guarantee it. It will depend on the judge, the prosecutor and the "victim." In addition, it will depend on how long it has been and on what other run-ins with the law you have had. Talk to a couple of criminal defense lawyers in the county where you were convicted. They can give you guidance. Attempting this without a lawyer is foolish and likely to close doors you need open.
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Patrick Stangl ·
If you are over 25 there is no way to get expungement. How old is the domestic? Are you sure it is a domestic? How long has it been since you were convicted? Have you waived or given up your right to seek post-conviction relief? Did you have counsel in the trial court proceedings and if not did you waive your right to counsel in the trial court? Was the issue of expungement raised in the trial court and at sentencing? These are all important questions that need to be answered before it can be determined whether you may have an avenue for relief or not. Contact a competent defense attorney to help you sort through the relevant facts and obtain a transcript of the sentencing hearing.
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Mark Maciolek ·
The outcome here largely depends on what crime you were convicted of committing. If it was a battery, then you are out of good options. If it was a disorderly conduct charge, then we have a lot to talk about.
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Stephen Sawyer ·
Was the "other fallout" a criminal case or an injunction case? If this was an injunction case, then you may have been prohibited from possessing a firearm for a five-year period of time. If you have a conviction for domestic violence that did not include any physical violence, then it may not prohibit you from owning or possessing firearms. If you are serious about starting a business that requires you to own and possess firearms, then hire an attorney to completely analyze your situation and discuss your options with you. The criminal complaints and judgments of conviction would be very helpful to any attorney who is going to give you advice that has any semblance of accuracy to it. As to expungment, the judge needs to find that expungment is granted upon successful completion of a sentence AT THE SENTENCING HEARING (i.e. when he or she put you on probation). The judge cannot go back many years later and grant expungment. The current governor has made it clear that he is NOT issuing ANY pardons.
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