Wisconsin Legislative Council
AMENDMENT MEMO
One Ea st Ma in Stre e t, Suite 401 • Ma dison, W I 53703 • (608) 266-1304 • le g.council@le gis.wisconsin.gov • http://www.le gis.wisconsin.gov/lc
Memo published: January 18, 2024 Contact: Peggy Hurley, Senior Staff Attorney
2023 Assembly Bill 37 Assembly Amendment 1
2023 ASSEMBLY BILL 37
Under current law, a court may order at the time of sentencing that the criminal court record of a
conviction be expunged if the offender was under the age of 25 when he or she committed the crime, the
crime is punishable by no more than six years imprisonment, the offender successfully completes the
sentence, and the court determines the person will benefit and society will not be harmed by the
expungement. Current law specifies that certain crimes are ineligible for expungement, including
violent offenses and crimes committed by a person who has a prior felony conviction.
2023 Assembly Bill 37 removes the age limit and allows a person, one year after he or she successfully
completes a sentence, to petition the court for expungement of the court record related to his or her
conviction. Under the bill, a court may enter an order for expungement at sentencing or may order that
the record is ineligible for expungement.
Under the bill, in addition to the crimes that are ineligible for expungement under current law, most
offenses related to traffic are ineligible, certain specified crimes including stalking offenses, property
damage to a business, criminal trespass to a dwelling, and violation of a domestic abuse injunction or
restraining order are ineligible, and a person may only have one record expunged in his or her lifetime.
The bill defines what it means to complete a sentence, creates a post-completion process for
expungement, including notification of the victim and the prosecuting district attorney, review by a
court, and limiting a person to two applications for expungement. The bill also provides that, if a record
is expunged of a crime, that crime is not considered a conviction for employment purposes.
Under the bill, employment discrimination because of a conviction record includes requesting a person
to supply information regarding a crime if the record has been expunged of the crime. However, the bill
provides that it is not employment discrimination because of conviction record for the Law
Enforcement Standards Board to consider a conviction that has been expunged with respect to applying
any standard or requirement for the certification, decertification, or required training of law
enforcement officers, tribal law enforcement officers, jail officers, and juvenile detention officers.
ASSEMBLY AMENDMENT 1
Assembly Amendment 1 allows employment-related inquiries into an expunged criminal record that are
mandated by federal law, establishes a filing fee for a first petition to expunge, establishes that
expungement is not available for a criminal record that is no longer available for a court to review, and
establishes a deadline for expungement by the circuit court. - 2 -
BILL HISTORY
Assembly Amendment 1 was introduced by Representative Steffen on May 10, 2023. On January 17,
2024, the Assembly Committee on Criminal Justice and Public Safety voted to recommend adoption of
the amendment on a vote of Ayes, 15; Noes, 0. The committee then voted to recommend passage of the
bill, as amended, on a vote of Ayes, 15; Noes, 0.
For a full history of the bill, visit the Legislature’s bill history page.
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