Can I petition the court to have my charges taken off my record if it has been 5 years?

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Can I petition the court to have my charges taken off my record if it has been 5 years?

I was 16 years old when I was convicted of an OWI and causing injury. I thought I remembered the judge saying that if I keep my record clean for 5 years that I can petition the court to have my charges removed. Is this true? And if so, how do I go about petitioning the court?

Asked on April 19, 2012 under Criminal Law, Wisconsin

Answers:

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

Answered 9 years ago | Contributor

Were you charged as an adult or as a minor?  That is important here.  If you were convicted as a juvenile Wisconsin law provides that a juvenile who has been found delinquent under the Wisconsin Juvenile Code can petition the court to expunge the court's record of the juvenile's offense upon attaining 17 years of age provided 1) it was the juvenile's first offense, 2) the juvenile has complied with all of the terms of the sentence imposed, 3) the juvenile will benefit from by the expungment, and 4) society will not be harmed by the expungement. But in looking at the law for "aduls" you still may qualify anyeay.  I do not see anything that indicates that 5 years has to pass but if you are already there then it does not matter.  Good luck.


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