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Roger
Roger, Lawyer
Category: Criminal Law
Satisfied Customers: 31675
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In 2003 I was found guilty of a Disorderly Conduct Charge which

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In 2003 I was found guilty of a Disorderly Conduct Charge which is at the level of an infraction, I was initially also charged with Battery but this charge had no prosecution. This is in the state of Wisconsin. I would like to know, if I can have both of these completely expunged from my record, including FBI data base?
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Roger replied 7 years ago.

Wisconsin Statutes § 938.355(4m) allows for expunction of a court's record of a juvenile's delinquency adjudication if the person has reached age 17 and the court determines that the juvenile has satisfactorily complied with the conditions of his or her dispositional order and that the juvenile will benefit and society will not be harmed by the expunction.

 

Wisconsin Statutes § 973.015 allows for expungements of juvenile misdemeanor convictions. The person must have been under the age of 21 at the time of the commission of an offense for which the person has been found guilty in a court for violation of a law for which the maximum penalty is imprisonment for one year or less in the county jail. The court must determine that the juvenile has satisfactorily complied with the conditions of his or her sentence and that the juvenile will benefit and society will not be harmed by the expunction.

 

Wisconsin Statutes § 973.015 also allows for expungements when a person has successfully completed the sentence if the person has not been convicted of a subsequent offense and, if on probation, the probation has not been revoked and the probationer has satisfied the conditions of probation.

 

Any record of conviction ordered to be expunged by a court cannot be removed from the Wisconsin criminal history repository because the conviction disqualifies that arrest for removal. This information will also stay on the FBI's database.

 

Conviction of any offense reported on an arrest fingerprint card prohibits removal of other offenses reported on that arrest card. As the law requires return or removal of the fingerprint card, only in those circumstance where any and all offenses on a fingerprint card resulted in no conviction can the fingerprint card be returned or removed from your record.

Customer: replied 7 years ago.

I was 23 years old at the time. Both of these charges occured at the same time, both battery and disorderly conduct. The battery was dropped, and the disorderly conduct was lowered from a misdemeanor to an infraction(ordienence violation). So you are saying that I cannot remove the battery charge from my record, even though, it had no prosecution, because it was on the same charge sheet, the same date?
Expert:  Roger replied 7 years ago.
That appears to be the case under the Wisconsin statutes.
Customer: replied 7 years ago.
Do I have any options to remove these from my record any other way, the battery charge despite the fact, it had no prosecution, has raised eyebrows, and prevented my from working in the medical field, I have lost many opportunities, because of this. Often times the hospital will run an FBI rap sheet, which only shows arrests, but not dispositions, and then I am forced to find proof of the disposal of the charges, and the fact the only thing I have been fround guilty of is an infraction. I have been loosing many opportunities in my carrear, over this. Can I do any thing to alleviate this?
Expert:  Roger replied 7 years ago.
You can get a pardon from the governor, which is difficult. 

You can also see a local criminal law attorney in your area to see if there are any loopholes to the general rules. 
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