Pick an answer above to see your routes, waits and costs.
At a glance
A court can expunge an adult conviction only if the judge orders it at sentencing, the person was under 25 at the time of the offense, and the offense carries a maximum prison term of 6 years or less. A judge cannot add expungement after sentencing. For most adults with older convictions the remaining routes are a governor's pardon (felonies only), which forgives but does not seal the record, and asking the Department of Justice to remove arrests that did not lead to a conviction.1,2,3,4
- Fee waiver
- Not confirmed
Expungement
Expungement ordered at sentencing (Wis. Stat. 973.015)
The court case file is sealed and no longer shows on Wisconsin Circuit Court Access (WCCA); the conviction is not vacated or set aside. The Director of State Courts' brochure says it seals the court record only: the Crime Information Bureau (state criminal history repository), police, district attorneys and the Department of Transportation keep their records, and employers often check the repository. Wisconsin's Labor and Industry Review Commission has held that an employer may not rely on an expunged conviction to defend a hiring decision.1,2,3
What it's for: Misdemeanors and lower-level felonies (maximum prison term of 6 years or less) committed before age 25, where the judge ordered expungement at sentencing.
Who can use it
- You were under 25 when the offense was committed.
- The offense has a maximum period of imprisonment of 6 years or less.
- The judge ordered, at the time of sentencing, that the record be expunged once you successfully complete the sentence, finding you will benefit and society will not be harmed.
- You then successfully complete the sentence: no new conviction, probation not revoked, and all conditions met (for non-probation sentences, including all court-ordered financial obligations).
What doesn't qualify
- Expungement requested after sentencing: the Wisconsin Supreme Court (State v. Arberry, 2018 WI 7) read "at the time of sentencing" to mean only when the sentence is imposed.
- People who were 25 or older at the time of the offense.
- Offenses with a maximum prison term over 6 years.
- A Class H or Class I felony if you had a prior felony conviction, if it is a violent offense, or if it is one of the specific sex-related or child-related offenses listed in 973.015(1m)(a)3.
- Department of Transportation driving records required under s. 343.23(2)(a) are not expunged.
- Dismissed cases and acquittals (there is no conviction for the court to expunge; see arrest record removal instead).
- Traffic citations, civil cases and small claims cases, per the court system's brochure.
How long you have to wait
| Record | Waiting period |
|---|---|
| Any eligible conviction | No waiting period; it happens when the sentence is successfully completedThe decision is made at sentencing. If you were on probation or in custody, the agent or institution sends a certificate of discharge to the court and the clerk expunges the record. If your sentence was only a fine or similar (no probation, jail or prison), you file form CR-266 after completing it. |
Some records clear automatically. If expungement was ordered at sentencing and you were on probation or in custody, the certificate of discharge from the supervising authority has the effect of expunging the record without a petition. If no certificate was filed, the court system advises contacting the agent or institution.
How to apply
- Ask your lawyer to request expungement at sentencing; the judge must decide then.
- Complete every part of the sentence, including fines, restitution and probation conditions, without a new conviction.
- If you were on probation or in jail/prison: the Department of Corrections or institution sends a certificate of discharge to the court; contact your agent if it was not filed.
- If you had a fine-only or similar sentence (no probation, jail or prison): file form CR-266, Petition to Expunge Criminal Court Record of Conviction, with the circuit court in the county of conviction, with copies to the district attorney.
- Where to file
- The Wisconsin circuit court that sentenced you.
- Cost
- Form CR-266 and the court system's expungement brochure do not list a filing fee. Check with the clerk of circuit court in your county.
- The law
- Wis. Stat. 973.015
Official forms
Pardon
Governor's pardon
A pardon is forgiveness from the governor. It can restore certain civil rights (such as jury service, firearm possession and holding office) and relieve some legal disabilities. It does not expunge or seal the record; public records are updated to show the pardon, and the arrest stays in the DOJ criminal history.5,6
What it's for: Wisconsin felony convictions where the sentence was finished at least 5 years ago; for most adults this is the only post-sentencing relief.
Who can use it
- The conviction is a Wisconsin felony.
- At least 5 years have passed since you finished all confinement and all supervision (probation, parole or extended supervision).
- You have no pending criminal cases or charges anywhere.
- You are not currently required to register as a sex offender.
- Misdemeanors are considered only if they were resolved together with the felony (same judgment or same sentencing date).
What doesn't qualify
- Misdemeanor-only records.
- Applications for people who have died.
- Under Governor Evers, the eligibility rules could not be waived.
How long you have to wait
| Record | Waiting period |
|---|---|
| Felony | 5 years after finishing the entire sentence, including supervision |
How to apply
- Use the current pardon application from the governor's website (older versions are not accepted). After the new governor takes office in January 2027, check that office's site, since the process may change.
- Get certified copies of the court records from the clerk of court in the county of conviction.
- Have the application notarized; letters of recommendation are encouraged but not required.
- Mail it to the Office of the Governor, Attn: Pardon Advisory Board (email is not accepted).
- Some older, low-level felony applications go on an expedited track without a hearing; others are heard by the Pardon Advisory Board.
- Where to file
- Office of the Governor, Pardon Advisory Board, PO Box 7863, Madison, WI 53707.
- Cost
- No application fee. The clerk of court may charge for certified copies of your court records.
- Court hearing
- Sometimes
- How long it takes
- Most applicants get a hearing, typically at least 18 months after the application arrives. Governor Evers' term ends in January 2027, and the last mailing date for consideration during his term was Monday, October 5, 2026, which has passed. Applications mailed later, and ones still undecided, are held for the next administration, which may not use the same format or process. There is no appeal; a denied applicant may reapply 18 months after the denial.
Official forms
Automatic clearing
Wisconsin has no automatic record-clearing law. The only automatic step is that a judge-ordered expungement takes effect when the sentence is completed. Separately, under a 2017 Director of State Courts action plan implemented in 2018, criminal cases where all charges were dismissed or ended in acquittal are displayed on the public WCCA website for 2 years; that limits online display but does not clear the record.1,7
DUI and DWI records in Wisconsin
A first-offense OWI is usually a civil forfeiture ($150 to $300 under Wis. Stat. 346.65(2)(am)1), not a crime, and the court system's brochure says traffic citations cannot be expunged. A first offense with a passenger under 16 is a crime with 5 days to 6 months in jail (346.65(2)(f)). A criminal OWI (for example a second offense, which carries up to 6 months in jail) can be expunged only under the general rule: you were under 25, the judge ordered it at sentencing, and you completed the sentence. Even then, 973.015 does not expunge Department of Transportation records, and the Wisconsin Supreme Court held in State v. Braunschweig, 2018 WI 113, that an expunged OWI conviction still counts as a prior offense for later OWI penalties.1,3,8,9
Arrests and dismissed charges
A court cannot expunge a dismissed case or an acquittal because there is no conviction. Instead, under Wis. Stat. 165.84(1), a person who was released without charge, or cleared of the offense through court proceedings (dismissal or not-guilty finding), may ask the Department of Justice to remove the fingerprint/arrest record from the state criminal history. You send form DJ-LE-250B (Fingerprint Record Removal Request) with an arrest fingerprint card to the Crime Information Bureau; there is no fee, and DOJ asks the FBI to remove forwarded records. All charges from that arrest must have ended without conviction, and DOJ says an arrest tied to a conviction (even an expunged one) or a pardon cannot be removed. Separately, WCCA displays fully dismissed or acquitted criminal cases for 2 years.3,7,10,11,12,13
What employers can see afterward
The Wisconsin Fair Employment Act (Wis. Stat. 111.31 to 111.395) applies to private employers. Employers generally may not ask about arrests that did not lead to a conviction, though they may ask about pending charges, and may generally act on a pending charge or a conviction only if its circumstances "substantially relate" to the job, with a few job-specific exceptions such as some licensed security and educational positions involving unpardoned felonies (s. 111.335). The Department of Workforce Development says blanket bans on everyone with a record are not allowed and complaints must be filed within 300 days. The Labor and Industry Review Commission held in Staten v. Holton Manor (2018) that an employer may not base the "substantially related" defense on an expunged conviction. We did not confirm a state ban-the-box law covering private employers.4,14,15
Free help in Wisconsin
- Wisconsin State Law Library: pardons, expungement and arrest records
Court-run law library guide linking the expungement forms, DOJ arrest-removal process and pardon information; reference staff at (800) 322-9755.
- Wisconsin DOJ Crime Information Bureau
How to remove a non-conviction arrest or challenge an inaccurate state criminal history record.
- Office of the Governor: Pardon Information
Pardon eligibility, the current application and mailing instructions.
Before you file
- You can ask a background screening company for the information it has on you, and the CFPB keeps a list of consumer reporting companies, including employment screening companies, with their contact details.16,17,18
- The FCRA's seven-year limit does not apply to criminal convictions, so under federal law a conviction can show up on a background report no matter how old it is.19,20
This page explains Wisconsin's rules in general terms from the law and official court sources. It isn't legal advice, and laws change. A legal aid office or the court's self-help center can tell you whether your own record qualifies.
Spot something out of date? Tell us at contact@secondchanceindex.com.
Cite this page
Second Chance Index, "Can I clear my record in Wisconsin?" https://secondchanceindex.com/record-clearing/wisconsin, checked October 21, 2026.
Sources
Each source was opened and checked on October 21, 2026.
- Wis. Stat. 973.015
- CR-266 Petition to Expunge Criminal Court Record of Conviction (rev. 05/24)Wisconsin Court System
- Expunging Court Records: Helpful Information and Frequently Asked Questions (April 2015)Wisconsin Director of State Courts Office
- Staten v. Holton Manor, ERD Case No. CR201303113 (Jan. 30, 2018)Wisconsin Labor and Industry Review Commission
- Wis. Stat. ch. 304 (paroles and pardons), as listed by the Wisconsin State Law Library; process set by the governor's office
- Pardon InformationOffice of the Governor of Wisconsin
- WCCA Oversight Committee action plan (2017)Wisconsin Court System, Director of State Courts
- Wis. Stat. 346.65(2)(am)Wisconsin State Legislature
- SCOW: Expunged conviction counts as prior under s. 343.307 (State v. Braunschweig, 2018 WI 113)Wisconsin State Public Defender, On Point
- Wis. Stat. 165.84Wisconsin State Legislature
- Incorrect Criminal History InformationWisconsin Department of Justice
- Remove Arrest InformationWisconsin Department of Justice, Crime Information Bureau
- DJ-LE-250B Fingerprint Record Removal RequestWisconsin Department of Justice
- Wis. Stat. 111.335 Arrest or conviction record; exceptions and special casesWisconsin State Legislature
- Arrest and Conviction Record DiscriminationWisconsin Department of Workforce Development, Equal Rights Division
- List of consumer reporting companiesConsumer Financial Protection Bureau
- What Employment Background Screening Companies Need to Know About the Fair Credit Reporting ActFederal Trade Commission
- Employer Background Checks and Your RightsFederal Trade Commission
- 15 U.S. Code § 1681c - Requirements relating to information contained in consumer reportsLegal Information Institute, Cornell Law School (U.S. Code text)
- Advisory Opinion to Nadell (12-10-98)Federal Trade Commission (staff advisory opinion)