Legal Question in Civil Litigation in Wisconsin

Mental Illness Explusion

In 2005 I was found under Wisconsin Law to be mentally ill by a court commissioner - under the Wis Statutes 51.01(13). I now would like to have it removed from my record. Since the hearing was concluded in 2005 is it too late? Where can I go for answers? What should my next step be?


Asked on 4/13/08, 5:09 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Chapter 51 Mental Illness Commitment---Expungement of Records

Off the top of my head, I am not aware of any expungement provision in chapter 51, but I would be happy to research it for you. Such records, however, are confidential for most purposes and therefore should not hurt you too much for purposes such as employment (with the possible exception of running for President of the U.S.). I would need to know the purpose for which you were seeking the expungement before I would be able to answer your question, since different needs probably present different levels of difficulty. For example, getting you removed from the FBI list of persons prohibited from purchasing firearms might be difficult, since they maintain their own independent records which sometimes have little or nothing to do with local court records. A collateral attack on the adjudication might be another approach, if the proceeding were found by a different judge to be legally defective in any way.

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Answered on 4/14/08, 7:40 am


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