Law Offices of Jeffrey W. Jensen 735 W. Wisconsin Ave., Twelfth Floor Milwaukee, WI 53233
Jeffrey W. Jensen is a criminal defense lawyer in Milwaukee, Wisconsin. He is also a criminal appeals lawyer in Wisconsin.
Today on The Jensen Defense
Wisconsin Court of Appeals Holds that 2009 amendments to the expungement law do not apply retroactively to convictions that occurred before the effective date of the amendment.
Prior to June 30, 2009, Wisconsin's expungement statute, Sec. 973.015, Stats., provided that in order to be eligible for expungement, it was required-- among several other requirements-- that the crime be a misdemeanor, and that the defendant be under the age of twenty-one at the time the crime was committed. However, effective July 1, 2009, the law was amended to raise the age limit to under the age of twenty-five and, additionally, Class H and I felonies were eligible for expugement.
This amendement to the law prompted a tidal wave of expungement motions filed by persons who were previously not eligible for expungement. Some courts applied the new law retroactively, while others did not. Recently, though, the Wisconsin Court of Appeals settled the issue in State v. Meinhardt, 2012 WI App 82, where the court held that the 2009 amendments to the expungement statute do not apply retroactively to convictions that occurred prior to the effective date of the new statute.
Unfortunately, then, if you were convicted prior to July 1, 2009, in order to be eligible to file an expungement motion, the crime must have been a misdemeanor, you must have been under the age of twenty-one, the judge must have stated on the record at sentencing that you would be considered for expungement, and you must have successfully completed your sentence.
If you are trying to clean up your criminal record, there may be other procedures that are available to you, especially if you are facing deporatation or are facing obstacles related to a criminal conviction in naturalization proceedings.
Here's How . . . To Pass the Field Sobriety Tests: Nothing is more frightening than seeing the red and blue lights in your rear-view mirror. This article shows you how give your best performance on the field sobriety tests. ________________________________
Download a free copy of the Wisconsin Criminal Appeals Handbook. This authoritative booklet , authored by Milwaukee criminal defense attorney Jeffrey W. Jensen, will expertly guide you through the appeals process in Wisconsin.
Milwaukee criminal defense attorney Jeffrey W. Jensen, of the Law Offices of Jeffrey W. Jensen, a Milwaukee law firm with offices located at 735 W. Wisconsin Avenue, Twelfth Floor, Milwaukee, Wisconsin, has represented persons throughout the State of Wisconsin. If you will face felony charges in either state court or in federal court you should call 414.224.9484. Attorney Jensen regularly appears in Milwaukee County (Milwaukee criminal defense lawyer), Waukesha County (Waukesha criminal defense lawyer, Brookfield criminal defense lawyer), Washington County (West Bend and Germantown criminal defense lawyer), Racine County (Racine criminal defense lawyer), Kenosha County (Kenosha criminal defense lawyer), Brown County (Green Bay criminal defense lawyer), Fond du Lac County (Fond du Lac criminal defense lawyer), and Winnebago County (Oshkosh criminal defense lawyer)
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