Expunge Criminal Records
Attorney Jonas Bednarek is a Madison, Wisconsin criminal defense lawyer and drunk driving defense lawyer who handles Wisconsin criminal appeals, federal appeals and Expungement of criminal records.
expungement of criminal record
An Expungement is the removal of a criminal conviction from a person's public criminal record. To expunge a record means to erase it, clear it or seal it from public view.
wisconsin expungement laws
Wisconsin laws governing Expungement provide that a person can obtain an Expungement of a past criminal conviction record under certain circumstances. In general, the person must have been a minor (under 18 years of age) when the crime was committed, and the crime for which the person was convicted (and seeks Expungement) was no higher than a misdemeanor.
erasing a criminal record
There are several manners in which an Expungement can be pursued for a person with a criminal conviction on their record. The most common means by which to get the conviction removed is to submit a request to the court of original jurisdiction, and ask for the record to be expunged. The court of original jurisdiction is the court that convicted the person of the crime, and usually the same court that imposed the sentence after conviction.
If the court had previously ordered the record to be expunged upon the successful completion of all of the requirements of the court in the sentencing order, an Expungement is much easier to obtain. It is not automatic, but the basis upon which the request to the court is formed is already laid when a court includes an Expungement in its order. Unfortunately, courts do not readily order an Expungement of the record when they impose sentencing.
In those situations in which the court did not order an Expungement of the record during sentencing, getting the record expunged can become much more difficult. That is not to say that Expungement is absolutely impossible if it was not ordered at the time of sentencing, but other procedural steps must be taken.
Wisconsin Expungement Attorney
Attorney Jonas Bednarek and Attorney David Saperstein handle Expungement and appeals to both the Wisconsin State Court of Appeals for Wisconsin state appellate cases, and the U.S. District Court of Appeals for federal appellate cases.
Expungement differs from any other action under the Wisconsin criminal code in several ways. While they are similar to an appeal in that the previous trial record must be reviewed, they are not automatic as a right like an appeal of a criminal conviction.
If the court ordered that your record be Expunged, if you believe that your conviction is eligible for Expungement, or if you want to find out if your conviction can be Expunged, please consider Bednarek Law Office's special Expungement program.
Expungement requests differ from criminal defense in many ways, primarily that the case has already been adjudicated, the conviction has already been entered, and there's no law that mandates that the conviction be reversed.
An initial consultation for an Expungement case also requires a great deal of work on Attorney Jonas Bednarek's part before he can reasonably tell you with any degree of certainty whether it is likely that the conviction can be Expungement. At the initial consultation, you will receive a legal opinion on the matter of expunging your conviction. From that opinion, you can better determine whether you want to invest the money and time to proceed with the Expungement request.
While some attorneys charge an hourly rate to conduct the research to form a legal opinion, Attorney Bednarek does not; he charges a small flat fee of $250.00.
To request an initial consultation for a potential Expungement, please contact the law offices. Please provide the following items:
- Full name: first, middle and last at the time you were charged;
- Your date of birth;
- Your current mailing address and telephone number;
- The name of the Wisconsin county in which you were convicted;
- The charges for which you were convicted;
- The sentence you received after conviction; if you were sentenced to probation, please provide the date upon which you completed probation, and if there were any violations while on probation;
- Date of offense;
- Your age at the time of the offense;
- It is also helpful for Attorney Bednarek to know your life situation. For example, if you were young at the time of the conviction, but have since married and begun a family, it could be beneficial information for your case. Education and employment history is also valuable for your case, and should be provided.
After you provide the above information and send your payment to Bednarek Law Office, Attorney Bednarek will prepare a memorandum explaining your options and mail it to you within seven business days. If after receiving that memorandum, you choose to take this matter beyond the evaluation point, then you should schedule an appointment with Attorney Bednarek to discuss your case further. If circumstances don’t allow for a personal meeting, you should plan for several phone conferences.
To request a case evaluation for Expungement, please contact Bednarek Law Office at (608) 257-1680, and ask for Amber who can arrange for payment and ensure that all necessary information is acquired from you to completely evaluate your situation.
If you have other questions please contact Bednarek Law Office.