Legal Question in Criminal Law in Wisconsin
when did the once a felon always a felon law take afect what date?
1 Answer from Attorneys
I am not aware of any such law. WI has never had any law providing for expungement or removal of felony convictions; they have always been permanent. The only way a felony conviction can be removed is therefore by successfully appealing the conviction or by bringing a successful post conviction challenge which convinces the judge of a need for a new trial or that there were other legal defects. This is an exceedingly difficult task, since the law requires all reasonably available evidence to be presented at the first trial; any evidence not so presented is deemed to be waived. In years past, prosecutors occasionally resolved felony cases via an agreement wherein the case would be reopened and changed to a misdemeanor if the defendant stayed out of trouble for a specified period of time and accomplish other agreed tasks. The WI Supreme Court, however, struck down this procedure as illegal in a decision about ten years ago and declared such sentences to be illegal. Anyone who has such a sentence is therefore allowed to get their felony conviction reopened if they pursue their rights. If you need it, I can locate the citation of this case for you. My comments in this online forum are offered for public educational purposes only and are not legal advice, nor do they create any attorney/client relationship between us. However, I may be able to formally represent you if you contact my Racine office and make arrangements to retain me. I also represent clients throughout WI.
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