B. Conviction records

State v. Lazaro Ozuna, 2017 WI 64, 6/22/17, affirming an unpublished court of appeals opinion; case activity (including briefs) Lazaro Ozuna, a teenager, pled to two misdemeanors and got probation. The court also ordered that the convictions be expunged on successful completion of probation under Wis. Stat. § 973.015. Ozuna got through probation and was discharged… Read more

State v. Diamond J. Arberry, 2016AP866-CR, 6/16/17, granting a petition for review of a published court of appeals decision; case activity (including briefs) Issues (composed by On Point) 1. When a defendant is eligible for expungement under § 973.015 but expungement is not addressed the sentencing hearing, can the defendant raise the issue in a postconviction motion… Read more

State v. Diamond J. Arberry, 2017 WI App 26, petition for review granted 6/16/17, affirmed, 2018 WI 7 ; case activity (including briefs) Because a circuit court must decide whether to grant expungement under § 973.015 “at the sentencing proceeding,” State v. Matasek, 2014 WI 27, ¶45, 353 Wis. 2d 601, 846 N.W.2d 811, the court doesn’t have authority… Read more

State v. Christopher Joseph Allen, 2017 WI 7, affirming a published court of appeals decision, 2014AP2840-CR, 2/9/17 ; case activity (including briefs) State v. Leitner, 2002 WI 77, 253 Wis. 2d 449, 646 N.W.2d 341 held that a sentencing court may consider all facts underlying an expunged record of conviction provided those facts are not obtained… Read more

State v. Rachel M. Helmbrecht, 2017 WI App 5; case activity (including briefs) A circuit court’s decision on whether to order expungement under § 973.015 involves the exercise of discretion, and therefore the general rules governing the proper exercise of discretion apply to the expungement decision. ¶11     The statute at issue here clearly contemplates the… Read more

Review of an unpublished court of appeals opinion; case activity (including briefs) Issues: (1)  Whether to satisfy the conditions of probation for purposes of Wisconsin’s expungement statute, § 973.015(1m)(b), a probationer must perfectly comply with every probation condition, or whether under State v. Hemp, 2014 WI 129, 359 Wis. 2d 320, 856 N.W.2d 811, it… Read more

State v. Armstrong, 2016AP97-CR, District 2, 8/17/16 (one-judge decision; ineligible for publication); case activity (including defendant’s brief; the state did not file a response brief) While § 973.015 and State v. Matasek, 2014 WI 27, ¶45, 353 Wis. 2d 601, 846 N.W.2d 811, require that expungement be decided at the time of sentencing, not put off till after… Read more