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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27050
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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why do so many people in the papers have deferred prosecution

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why do so many people in the papers have deferred prosecution rather than expungment. if expungment is better.

isn't deferred prosecution saying that the crime never happened yet you cant when applying for a job say that your case was dismissed?

how bad is a misdemeanor theft?

is there ever a way after 5 10 years to totally ask for a second chance to clear your recorded totally in Wisconsin?

does expungment seal your recorded from employee background checks?

Thanks for requesting me.

In Wisconsin, the only adult offenses that can be expunged are those that were first deferred. Some people don't realize that in order to get the dismissal off of your record you have to apply for an expungement. So they stop after the deferral.

No, a deferral does not mean your crime never happened. It means your case was dismissed. An expungement means your crime never happened.

Regular employers cannot ask you if you've been arrested. They can only ask you about convictions. So if you have a deferral you can say no you have never been convicted of a crime. Government employers can ask you about whether you've ever been arrested. You would have to disclose the arrest.

A misdemeanor cannot be expunged in Wisconsin, meaning if you plead guilty to a misdemeanor you will have a criminal record for the rest of your life. A theft offense, even on a misdemeanor level is the type of crime that employers run away from. With a theft conviction on your record, you will find it difficult to get a good job, and housing might also be a problem.

Nothing will clear your record totally. The government will always know what you've done.

An expungment will seal the record as to all regular employers who do background checks. Government employers will be able to find your offense, but they will know it was dismissed and then expunged.

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