Expunging a Juvenile Criminal Record in Wisconsin

 Posted on July 09, 2021 in Criminal Defense

When a person has a criminal record, that history can significantly impact their ability to find employment, housing, and even education. This is especially true for people who committed criminal acts when they were juveniles. Many states allow that juvenile record to be expunged, depending on the circumstances of the crime. When a criminal record is expunged, it removes arrests and/or convictions as if they never occurred and not even the courts, prosecutors, or law enforcement have access to the record.

Wisconsin has a very limited juvenile expungement process and thanks to a recent Wisconsin Supreme Court ruling, that process may be even more difficult.

Juvenile Justice and Expungement

It has been well documented in study after study that a teenager’s brain is not fully developed, especially in the prefrontal cortex of the brain. This is the part of the brain that controls a person’s ability to delay and reflect on a decision. This is why many teens often will act before they think about what they are doing. This area also controls impulsivity, something that many teens have a hard time with. The prefrontal cortex also controls a teen’s ability to consider the consequences of their actions, as well as buckle to peer pressure.

This lack of development is one of the main issues behind juvenile crime. Many teens just do not consider what they are doing before they act, and a foolish decision can lead to an arrest, conviction, and a life-long black mark on their record.

Unlike other states – which allow people to request their criminal records be expunged at any time – Wisconsin only allows expungement in current cases and requires the sentencing judge to decide during sentencing whether the defendant’s record can be expunged at a later date.

In a ruling last month, the state’s Supreme Court decided in a 5 – 2 decision that sentencing judges will have no options at all to expunge the teen’s record if there are any other criminal justice officials who have recorded any violation of the multitude of conditions that are normally included as part of probation, even if that teen successfully completes his or her probation.

Let a Milwaukee County Defense Attorney Help

If your teen has been charged with any type of crime, the current laws mean if there is a conviction, that conviction will likely stay on their record. There are many defenses to juvenile crime, and it is important not to let the prosecutor pressure you into agreeing to any kind of plea bargain that will still appear as a conviction on your child’s record. An aggressive Waukesha County juvenile justice attorney can evaluate your teen’s case and determine what the best legal strategy is for a positive outcome. Call the Bucher Law Group, LLC at 262-303-4916 to schedule a free and confidential consultation.

Sources:

https://www.americanbar.org/groups/public_interest/child_law/resources/child_law_practiceonline/child_law_practice/vol-34/august-2015/understanding-the-adolescent-brain-and-legal-culpability/

https://www.jsonline.com/story/news/2021/06/17/wisconsin-supreme-court-tightens-rules-expunging-records-young-offenders/7702883002/