Legal Question in Criminal Law in Wisconsin
My husband has a prior MISDEMEANOR conviction of sex with a minor OLDER than 16 (but younger than 18). The conviction is coming up on 8 years old, and he has NO other arrests or convictions since this incident. We are now having trouble renting an apartment due to this being on his record. What advice do you have?
1 Answer from Attorneys
You need to sit down with an experienced criminal lawyer to go over your husband's situation in detail. Misdemeanors can sometimes be expunged for offenders under the age of 21 after their sentence has been served, assuming that they stay out of trouble for a long period of time. A gubernatorial pardon is another option. A third option might be a collateral attack upon the conviction. All of these options will be expensive; however, probably far more that it would have cost to hire a lawyer in the first place prior to conviction. A lawyer could have done much more for you had you contacted him then, such as possibly negotiating a resolution which avoided your husband becoming a registered sex offender, which can indeed have major impact upon where you can live in the future. Even if this conviction did not force him to register, Wisconsin�s public court website allows landlords and anyone else to easily check a person�s complete court history. Sex related convictions are likely to give pause to any landlord, as are drug convictions. My comments here are not legal advice, nor do they create an attorney client relationship between us. However, you are more than welcome to contact my office to discuss retaining me or to set up a free initial consultation at my office in Racine. I also can sometimes arrange to travel outside of Racine for initial consultations if absolutely necessary.
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