Can a case that has been dismissed be expunged as well as dismissed?

UPDATED: Dec 3, 2014

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Can a case that has been dismissed be expunged as well as dismissed?

I was charged with Possession of Narcotic Drug, a Class I Felony in Dane County, Wisconsin. I do not have a previous criminal record–this is my first charge. I am working on a Bachelor’s Degree and want this to not only be dismissed after hopefully completing a deferred prosecution agreement (drug court/first offender’s program), but I want it expunged from CCAP (Consolidated Court Automation Programs) which can be viewed on a website via WCCA (Wisconsin Circuit Court Access) thanks to Wisconsin’s open records law. While the case will be dismissed upon successful completion of said deferred prosecution agreement, a record will still exist on the website–only it will

Asked on December 3, 2014 under Criminal Law, Wisconsin


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is my understanding that the state of Wisconsin makes it very difficult to expunge a record and that even if it is expunged, it is rarely destroyed.  But because your case may be dismissed it is possible that it can be expunged.  Please go and speak with your attorney or an attorney that specializes in this particular area.  And remember: the arrest may be considered a separate expungement process from the charge and dismissal.  Good luck.

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