State v. Kearney W. Hemp, 2014 WI 129, 12/18/14, reversing a published court of appeals decision; opinion by Justice Gableman; case activity At last, a unanimous SCOW decision settles how §973.015 is really supposed to work. Upon a young person’s successful completion of a sentence or probation, the detaining or probationary authority must issue a… Read more
I. Expungement
Cases dismissed after completion of deferred prosecution agreement can’t be expunged under § 973.015
State v. Andrew R. Geurts, 2014AP1520-CR, District 4, 12/4/14 (one-judge decision; ineligible for publication); case activity The circuit court had no authority to expunge the record of Geurts’s criminal case after it was dismissed after his successful completion of a deferred prosecution agreement because § 973.015 applies only to the record of an offense for… Read more
Kenosha County v. Blaire A. Frett, 2014 WI App 127; case activity State v. Melody P.M., 2009 AP2991 (WI App June 10, 2009), a 1-judge opinion, held that Wis. Stat. § 973.015 permits circuit courts to expunge civil forfeiture violations. Here, the court of appeals explicitly overrules Melody P.M. and holds that civil forfeiture violations may not be expunged. The court… Read more
On review of a published court of appeals decision; case activity Issues (composed by On Point) When, pursuant to Wis. Stat. § 973.015, a sentencing court orders the expunction of a defendant’s record upon successful completion of his sentence, does expunction occur automatically upon the circuit court clerk’s receipt of the defendant’s certificate of discharge… Read more
State v. Andrew J. Matasek, 2014 WI 27, 5/23/14, affirming a published court of appeals decision; case activity Section 973.015 provides that a circuit court “may order at the time of sentencing that the record be expunged upon successful completion of the sentence . . .” SCOW now clarifies that a court must decide expunction… Read more
State v. Kearney Hemp, 2014 WI App 34, petition for review granted 6/12/14, reversed 2014 WI 129; case activity Every so often there’s an opinion that makes you shake your head in disbelief. This is one of them. Hemp was convicted with 1 count of possession with intent to deliver THC, aka hemp. A court granted… Read more
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
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
