Criminal Procedure — expunction

By: WISCONSIN LAW JOURNAL STAFF//May 23, 2014//

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Wisconsin Supreme Court

Criminal

Criminal Procedure — expunction

If a circuit court is going to exercise its discretion to expunge a record, the discretion must be exercised at the time of the sentencing proceeding.

“In sum, a reasonable reading of the text of the expunction statute in view of the purpose of the statute is that the legislature included the words ‘at the time of sentencing’ to limit the point in time at which the circuit court is to make a decision about expunction, and that the phrase ‘at the time of sentencing’ means at the proceeding at which the circuit court announces the sanction.”

Affirmed.

2012AP1582-CR State v. Matasek

Abrahamson, J.

Attorneys: For Appellant: Guerard, Jeffrey J., Milwaukee; For Respondent: Gerol, Adam Y., Port Washington; Remington, Christine A., Madison

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