If you’ve been accused of a crime in Appleton, you may be wondering how long the charges will follow you. Even if you were never convicted, a charge can affect your eligibility for employment, professional licenses, housing, and educational opportunities. How long a criminal charge stays on your record depends on the specifics of your case.
What Does My Criminal Record Contain in Wisconsin?
Your criminal record is the sum of documents that detail your criminal history. This includes arrests, charges, convictions, and sentences.
Wisconsin uses two primary systems to maintain residents’ criminal records:
- Wisconsin Circuit Court Access (CCAP) – This system allows anyone to access public court records online. Since they are searchable, a potential employer or landlord can discover information about your criminal history.
- Crime Information Bureau (CIB) – CIB data is used for more formal background checks by employers, landlords, and licensing boards. It is typically more comprehensive than publicly accessible CCAP records.
How Long Do Charges Stay on Your Record?
The time charges stay on a criminal record depends on the specific system and your case’s outcome. Simply because a record disappears from CCAP doesn’t mean it’s out of the CIB system.
Convictions
The CIB keeps conviction records forever unless they are removed through legal means. Misdemeanor convictions stay visible on CCAP for 20 years, while most lesser felony convictions are visible for 50 years. If you were convicted of a Class A felony, it will remain accessible on CCAP for 75 years.
Dismissals and Acquittals
If you were never convicted of a charge, it will not be visible on CCAP after two years have passed. This change took effect in 2018 and applies regardless of whether your case was an acquittal, dismissal, or non-prosecution. While this process doesn’t automatically remove records from the CIB database, you can work with your legal team to request a removal.
Can I Pursue an Expungement of a Criminal Conviction?
You can expunge some criminal offenses in Wisconsin, but stricter eligibility requirements exist than in many other states. An expungement under Wisconsin Statute 973.015 seals records related to the charges, meaning no one can access them without a court order. It only applies to information accessible through CCAP and does not affect CIB data or information held by a law enforcement agency.
Expungement may be an option if these criteria apply:
- You committed the offense when you were under 25 years of age.
- The offense carries a maximum prison sentence of six years or less.
- The court determines that expunging your charges would benefit you and not harm society.
You may also be eligible to pursue an expungement if you were under 18 at the time of the offense, or if the offense was related to human trafficking and you were a victim.
Often, the expungement process starts at sentencing. A judge may order your record to be sealed after you have completed your sentence, including any fines, probation, treatment, or community service.
How Can I Remove a Charge I Was Never Convicted Of?
Wisconsin Statute 165.84 allows you to request fingerprint record removal from the CIB under these circumstances:
- You were acquitted at trial.
- Your case was dismissed.
- Prosecutors decided not to pursue a case against you.
- You were arrested, but no charges were filed.
To start the process, you must file a Fingerprint Record Removal Request with the Wisconsin Department of Justice.
If your request is approved, your charge should not appear on the most formal background checks. However, since there are multiple sources of criminal history information, it’s best to work with your legal team to take a more comprehensive approach to having the charges taken off your record in addition to fingerprint record removal.
Consult a Fox Cities Criminal Defense Attorney
If you’ve been falsely accused of a crime in Appleton, the attorneys of J. Kippa Law, LLC are ready to review your case. Our founder has practiced law in Wisconsin since 2001 and has a vast knowledge of the area’s legal landscape. When you work with us, you won’t be just a case number. We strive to make ourselves available directly when possible, share our honest opinions, and fight for the best outcome for you. Contact our office today for a confidential consultation.
