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Eligibility

Are you eligible for a pardon or expungement of your criminal conviction(s)? ​

Contact our clinic for an eligibility assessment:
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You may be able to determine yourself whether you are eligible for a pardon or expungement by reading the quick eligibility information below

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If you still have questions or if you'd rather speak to one of our staff members about eligibility, email us at ExpungeMKE@gmail.com or complete and submit this form

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Be ready to provide your case information (case number(s), county of conviction, and any other relevant case info) and your contact information (date of birth, phone number, email address).  â€‹

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Our staff will reach out to you by phone and/or email to discuss your case and eligibility assessment, answer any questions, and discuss any next steps.  We will do our best to get back to you within 5 business days.

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Quick Eligibility Information on Pardons and Expungement​

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Are you eligible for a pardon of your Wisconsin felony case?

A pardon acts as a grant of forgiveness and restores rights lost as a result of a felony conviction.  To be eligible to apply for a pardon, all of the following must be true: 

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  • You have at least 1 Wisconsin felony conviction

  • It's been at least 5 years since you completed ANY criminal sentence (including sentences for more recent misdemeanor cases, which can't be pardoned). Completing a sentence means serving all jail/prison time AND probation/extended supervision.

  • You have no pending/open criminal cases or charges

  • You are not currently on the sex offender registry

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If you are eligible for a pardon, our volunteers can help you with the pardon application process.

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Pardon Application Appointments: Mondays 1:15-3:15pm (& some Saturdays 10:00am-12:00pm)

  • This virtual Zoom clinic is by appointment only

  • You must have worked with our clinic previously or established pardon eligibility by email or phone.

  • You must also get certified copies of the (1) Criminal Complaint; (2) Felony Information; and (3) Judgment of Conviction from the Clerk of Courts in the county of your conviction. If you work with our clinic, we can help with this step!

Are you eligible to get your criminal conviction expunged

Getting a case expunged removes it from the public (CCAP) record. Wisconsin's expungement law is very restrictive (and many people don't know enough about it to how to ask for it), so most people can't get their cases expunged.  To be eligible for expungement of a criminal conviction, all of the following must be true: 

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  • You were convicted of a criminal misdemeanor OR a non-violent Class H or Class I felony (and have no prior felonies).  The conviction must have happened after July 1, 2009 to be eligible under the current law.

  • The judge determined you were eligible for expungement at the sentencing hearing.  If it wasn't ordered at sentencing, you can't request it after the fact.

  • Before you were discharged from jail/probation/etc., you successfully completed ALL aspects of your sentence.  This means you: 

    • complied with all conditions set by the court AND the probation agency;

    • paid all costs/fines;

    • were not revoked from probation; and​

    • were not charged with additional offenses

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Note: If the judge found you eligible for expungement and you were not ordered to serve any probation or jail/prison time (for fine-only cases), complete and submit the following forms to the sentencing court:

CR-266

CR-267

What is the best way to get a case expunged?  Think proactively:

1)  Ask for it (/have your attorney do so) at your sentencing hearing! This is the only time you can do so.

2)  If the judge found you eligible for expungement at sentencing, make sure you follow ALL conditions of the sentence set by the court and the probation agency. AND, make sure you pay all court costs/fees BEFORE you are discharged!

Pardon resources

Contact

Civil Legal Helpline:

414-278-3965

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901 N. 9th St. Room G-9

Milwaukee, WI 53233

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Email:

mkemobilelegalclinic@gmail.com

(for expungement/pardon questions: expungemke@gmail.com)

Please Note:
We cannot provide legal advice or answer legal questions by email.  

© 2022

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