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Expungement

By: Derek Hawkins//April 18, 2016//

Expungement

By: Derek Hawkins//April 18, 2016//

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WI Court of Appeals – District II

Case Name: State of Wisconsin v. Lazaro Ozuna

Case No.: 2015AP1877-CR

Officials: HAGEDORN, J.

Focus: Expungement

This appeal concerns the circuit court’s refusal to expunge Lazaro Ozuna’s criminal convictions for criminal damage to property and disorderly conduct. WISCONSIN STAT. § 973.015 provides for expungement in certain circumstances as long as the sentence is successfully completed, which means in part satisfying “the conditions of probation.” Sec. 973.015(1m)(b). One of the conditions of Ozuna’s probation was that he refrain from consuming alcohol. According to the Department of Corrections (DOC), Ozuna did not comply with this condition. Ozuna now argues that the circuit court was required to order expungement because he was successfully discharged from probation. We disagree. Because Ozuna did not comply with the conditions of his probation, he did not successfully complete his sentence and was not entitled to expungement.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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