Criminal Law Questions? Ask a Criminal Lawyer.
So that I can best help you, what is it that you want to know? I got the background facts about your conviction.
Were you under 25 at the time of the conviction? How long ago was this?
Yes, unfortunately, the expungement would only have been available if the court had put it on the record at the time of your sentence. As you were under 25 and this was a relatively minor offense, I am surprised that your lawyer did not secure the prosecutor/court's agreement to proceed under that type of agreement, where it would have been expunged upon successful completion of the sentence. And you are correct...a pardon does not actually remove the conviction from your record in Wisconsin...it is simply a notation on your record that you have been officially pardoned. And regardless, ***** ***** has basically refused to consider pardons while he is in office so even if it were an option for you, you'd have to wait for a new governor to see any movement on an application.
As for a reopen and dismissal, there is not really a legal mechanism that allows that to happen. Some defendants have tried to petition to have their cases reopened using a Civil Procedure rule that allows for a case to be reopened but on review, the appellate courts have shut that down and noted that it applies only in civil cases. Even if it did apply, in terms of time limits, it has to be done within a year. The law just makes no provision for such an action in a criminal case in your situation. There are a few options to overturn convictions for people who are incarcerated, but even those are subject to strict time limitations.
I'm sorry I can't give you better news. It is just that Wisconsin is particularly limited in allowing someone to clear their record. The legislature would have to pass a more expansive expungement law like other states have in order to give you an opportunity to clear your record, but unfortunately, the law as it exists now does not provide that avenue for you.