Review of a published court of appeals decision; case activity Issue: Whether under § 973.015 the circuit court has the discretion to withhold its decision on expungement until after the defendant completes probation? Wis. Stat. § 973.015 authorizes the circuit court to expunge the record of a defendant under the age of 25 in certain situations… Read more
17. Expungement
State v. Andrew J. Matasek, 2013 WI App 63, petition for review granted, affirmed, 2014 WI 27; case activity The plain language of § 973.015 requires the circuit court to decide at the time of sentencing whether the defendant’s conviction can be expunged on successful completion of the sentence: ¶9 Matasek is correct that Wis. Stat. § 973.015(1)(a) grants a court discretion… Read more
State v. Johnnie Austin, 2011AP2953-CR, District 1, 8/14/12 court of appeals decision (1-judge, ineligible for publication); case activity Continued detention of Austin, following an indisputably proper stop for illegal parking, was supported by reasonable suspicion: ¶14 This court disagrees; the trial court properly found Officer Tisher’s continued detention of Austin reasonable. If, during a valid traffic stop, an… Read more
State v. Nathan J. Meinhardt, 2012 WI App 82 (recommended for publication); case activity Amendments to § 973.015(1)(a) (2009-10), which expanded the offender’s age-ceiling and the eligible pool of offenses, doesn’t apply retroactively. ¶3 The determinative issue in this case is whether the circuit court has the authority to apply the amended version of Wis. Stat.§ 973.015(1)(a) retroactively to Meinhardt’s… Read more
court of appeals decision (1-judge, not for publication); for Thompson: Gregg H. Novack; case activity Traffic Stop – Ordering Driver Out of Car ¶6 Thompson contends that the circuit court erred in concluding that the officer did not violate Thompson’s Fourth Amendment rights by ordering Thompson to get out of his car following the traffic… Read more
court of appeals decision (1-judge, not for publication); for Eric A.: pro se; case activity Expungement – Delinquency Adjudication, § 938.355(4m)(a) Denial of petition for expungement of repeated sexual assault of child adjudication is affirmed. ¶8 Here, the court determined that the offense was too serious, and it would be against public policy, to permit… Read more
State v. Melody P.M., No. 2009AP2994, District IV, 6/10/10 court of appeals decision (1-judge; not for publication) Civil conviction for an ordinance violation may be expunged under § 973.015. Can’t provide any of the background beyond what’s recited in the opinion, because all traces have been removed from both circuit court and appellate dockets. Makes… Read more
State v. Anthony J. Leitner, 2002 WI 77, affirming 2001 WI App 172, 247 Wis. 2d 195, 633 N.W.2d 207 For Leitner: Jefren Olsen, SPD, Madison Appellate Issue: Whether the expunction statute, § 973.015, requires prosecutors and law enforcement agencies to expunge their records documenting the facts underlying an expunged conviction. Holding: ¶38. Although the Wisconsin legislature has not explicitly… Read more
