Legal Question in Criminal Law in Wisconsin
expunge dismissed charges
I had an incident five years ago where I was charged with a felony which was amended to a misdemeanor (obstruction). I entered into a diversion agreement for the misdeameanor and that charge was dismissed four years ago. I have no record before or since this incident.Is there any way at all to ''erase'' ever having been charged at all? Even though the charges were dismissed, employers still seem to frown on my ever having been charged at all.
2 Answers from Attorneys
Re: expunge dismissed charges
How are your potential employers finding out that you were ever charged with a crime? Although I am not an employment lawyer, I doubt that such a question would be proper. Even asking about convictions is marginal these days, unless the conviction somehow relates to the duties of the job, i.e. an embezzler applying for work as a loan officer at a bank. You might consider asking the agencies retaining the records what it would take to get them destroyed, but I doubt that you will get very far with that approach unless they consent to the destruction. Even if you get past that hurdle, you will next need to deal next with the state and federal records systems. The FBI maintains the federal system, which is known as the NCIC, and the state maintains the CIB, or Crime Information Bureau. I suspect that they will require a court order, which will not be very easy to get, and might even challenge that. Good luck!
Re: expunge dismissed charges
The short answer is no - the fact of the charge and its disposition will always be of record. However, there is a possibility that the internet CCAP record could be removed by order of the court. There is also legislation pending that would expedite exactly that procedure - in fact make it mandatory. Many others are in your exact position.
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