Criminal Procedure – expungement — retroactivity

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Wisconsin Court of Appeals

Criminal

Criminal Procedure – expungement — retroactivity

Section 973.015(1)(a), which expanded the crimes for which expungement is available, is not retroactive.

“Meinhardt’s argument is that WIS. STAT. § 973.015(1)(a) should be applied retroactively because it is a procedural statute. See id. We need not address that line of reasoning or the cases Meinhardt cites in support of it in detail because his contention ignores the overriding principle that where legislative intent is clear, we need not look further. See Jason J.C., 216 Wis. 2d at 19; Snopek, 223 Wis. 2d at 294.”

“In this case, the legislature’s intent to apply WIS. STAT. § 973.015(1)(a) prospectively rather than retroactively is found in the Act that amended the statute. See 2009 Wis. Act 28, §§ 9309 and 9400. First, § 9309 explains that ‘[t]he treatment of section 973.015(1)(a) and (c) of the statutes first applies to sentencing orders that occur on the effective date of this subsection.’ (Emphasis added.) Then, § 9400 gives the majority of the act, including § 9309, an effective date of July 1, 2009. Therefore, under the amended § 973.015(1)(a), a defendant must be under twenty-five at the commission of his offense and be sentenced on or after July 1, 2009, as well as meeting the additional criteria in the statute, to qualify for expungement. While Meinhardt was of appropriate age when he committed his offense, he was sentenced prior to July 1, 2009. Because of that, the circuit court was correct in finding that it had no authority to order expungement.”

Affirmed.

Recommended for publication in the official reports.

2011AP1556-CR State v. Meinhardt

Dist. II, Washington County, Muehlbauer, J., Brown, J.

Attorneys: For Appellant: Loeb, Basil M., Wauwatosa; For Respondent: Moeller, Marguerite M., Madison; Bensen, Mark, West Bend