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Can i get a non-criminal ordinance violation expunged from my record in wisconsin?
Anonymous3 views2 answers
In 2008, (I was 22 years old) I pled no contest to a petty theft ordinance violation offense. I was orginally charged with misdemeanor theft- party to a crime, and then it was amended to what I stated above. Am I able to get this expunged off my record? If so, how do I get it expunged?
There is an unpublished WI case that can be cited as persuasive authority that says you can, but you will probably need the help of an attorney to bring a formal motion based upon that case to ask the court to do so. Whether or not the court will do so depends upon your individual circumstances.
Karyn T. MissimerDUI / DWI AttorneyJanesville, WI ·
You could be eligible for expunction under the Melody P.M. case: http://www.wisbar.org/res/capp/2010/2009ap002994.htm
The first question is: Will expunction accomplish your goal? Expunction will take the case off CCAP, but not the FBI database. Thus, any one doing a background check on you and asking for your arrest record will likely find out about this offense.
The next question is: Do you qualify for expunction under the old or new law? In 2008, the old expunction law applied. You had to be under 21 at the time of the offense to qualify for expunction in 2008. So, the old law does not apply to you.
Under the new law, you have to be under 25. The new law applies to you. You would have to argue the new law should apply retroactively to your case or the court has the inherenty authority to expunge under any circumstances. Arguments for which you definitely need an attorney.
Good luck!