When a person is charged with a crime or convicted of a crime, the information stays on the person’s criminal record and may be accessed by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check. Under limited circumstances a person with a criminal record of arrest or conviction may be able to have the criminal record expunged—meaning the record will be permanently destroyed or deleted so it is no longer accessible by the court or other federal, state, municipal, or county agencies—or by private persons or entities conducting a background check.

Such an expungement or expunction of a criminal record is different from having a record sealed—which means the record still exists, but access to it is limited. A person whose only criminal record has been expunged may truthfully answer “no” when asked on an employment, licensing, or other application whether the person has ever been convicted of a crime. Under both state and federal law, in most cases it is not possible to have a person’s criminal conviction expunged.

Under state laws a person who has been convicted of a crime, pleaded guilty, or pleaded no contest (nolo contendere) is often ineligible to have their criminal record expunged. When a person is eligible to have a criminal record expunged, it is often dependent upon the person successfully completing a probation or deferred adjudication program. And in some states juveniles may be eligible to have a criminal record expunged if the criminal offense was committed before they turned 17 years of age, for example.

Expungement or expunction laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.

In Wisconsin, expungement of a criminal record means the record is permanently destroyed or deleted, making it inaccessible for background checks. This is different from having a record sealed, which restricts access but does not destroy the record. Generally, under Wisconsin law, adults convicted of a crime cannot have their records expunged. However, there are exceptions for certain circumstances, such as for individuals who committed crimes as juveniles under the age of 25, and for those who have completed their sentence, including probation, for a misdemeanor offense committed before the age of 25. The eligibility for expungement in Wisconsin is often contingent upon the type of crime, the age of the offender at the time of the offense, and the successful completion of the sentence. The statutes governing expungement in Wisconsin can be found in the Wisconsin Statutes, specifically sections 973.015 and 938.355 for juveniles. It's important to note that expungement laws are complex and can vary widely, so consulting with an attorney for specific cases is advisable.