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Meigs, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 1346
Experience:  I have multiple years experience prosecuting and defending clients.
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Is my class H felony from Wisconsin expungable? I plead no

Customer Question

Is my class H felony from Wisconsin expungable? I plead no contest it was about 6-8 yrs ago I am 56yo. Who do I contact and is it expensive??
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Meigs replied 5 years ago.
An "Expungement" is a legal process through which a person's prior criminal conviction is sealed, commonly referred to as being erased. After a Court orders an expungement, the prior conviction is removed from the public records.

An Expungement that was not previously ordered by the court may still be obtained in a narrowly defined area of law. If the criminal act for which the person was convicted occurred during the time that the convicted person was a minor, and the resulting conviction was equal to or less than a misdemeanor, the convicted person can ask the court for Expungement of his or her record so long as no other factors exist to prevent an Expungement under Wisconsin law.

The request for Expungement must be made to the court of original jurisdiction, and must be presented to the DA (district attorney) for agreement prior to petitioning the court.

The expense of obtaining an expungement solely depends on whether or not you decide to retain an attorney to file the expungement forms for you. If you decide to proceed without an attorney, the cost of the process will simply be the filing fees and any administrative costs.

If you want to consult an attorney about filing the necessary forms you will need to consult an experienced criminal defense attorney, however, there may also be attorney's who regularly file for expungements on behalf of their clients.

If this answers your question please click the accept button and leave feedback. If you have follow up questions please feel free to ask them and I will be happy to assist you with those as well. Thanks for your question.

Customer: replied 5 years ago.
Thats interesting answer it appears to be copied and pasted from websites I have researched out akready. The tip off was the part of being a minor and I specifically put my age and approximate time from from when this took place. I am sorry but to me honesty is best always have been always will be. Thank you Scott
Expert:  Meigs replied 5 years ago.
I was not trying to mislead you with my answer. That website is specific to expungement in Wisconsin. Therefore, I used it, and if you had questions other than the general expungement process, I am more than willing to help you with specific legal answers other than from that website. It was not my intention to appear dishonest. I feel as though it answered your question regarding whether or not you can expunge a class H felony in Wisconsin.

If you wish to file for expungement you will have to filed with the original court where you pled guilty and the DA's office will have an opportunity to object to that request for expungement. If it is your only offense, I do not see the DA's office making a hard push to prevent you from sealing this from your record.

Do you have any specific questions regarding expungements?
Meigs and other Criminal Law Specialists are ready to help you
Customer: replied 5 years ago.
Thank you i was not sure how much detail i was allowed to give here we hace a wiscosin circut courts website ( wcca) or something of that nature that i should have placed into my question so that you would have had more information. I ( bad idea lol ) assumed that with my birthdate state and county you could have seen it. How do I go about finding a local legal service and or attorney who specifically handles these types of matters. I know there are many specialty type attornies. Thank You Scott 3-2-56 Brown Cty, Wi
Expert:  Meigs replied 5 years ago.
Absolutely, and I am sorry if I led you to believe I was trying to mislead you. If you consult the Wisconsin State Bar Association they will have a list of pro bono attorney's, as well as information on free legal aid programs within the state. Additionally, they will have the information for volunteer lawyer programs. Simply, find an attorney who specializes and had has substantial experience in criminal defense, and they will know the necessary forms to file in Wisconsin in order to apply for an expungement on your behalf. As stated in my previous post, attorney's fee's vary from attorney to attorney.
Customer: replied 5 years ago.
Thank you!!
Scott L Isaacson
Expert:  Meigs replied 5 years ago.
You are very welcome. Have a blessed evening.