Criminal Procedure — Expunction

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — Expunction

Section 973.015 provides no authority for circuit courts to expunge the record related to civil forfeiture violations.

“Looking to the language of the statute, para. (1)(a) provides that a court may order expunction ‘when a person is under the age of 25 at the time of the commission of an offense for which the person has been found guilty in a court for violation of a law for which the maximum period of imprisonment is 6 years or less.’ (Emphasis added.) We read this language as indicating that law violations for which expunction is available relate to laws that include some ‘period of imprisonment.’ Thus, where there is no ‘period of imprisonment’ associated with a law, that law is not one to which WIS. STAT. § 973.015 applies. As Frett acknowledges on appeal, the county ordinance she violated included no potential period of imprisonment. See KENOSHA COUNTY, WIS., ORDINANCE § 9.287.81 (2009) (providing that the penalty for violation of this ordinance ‘is a forfeiture of not less than $25 nor more than $500’); see also State ex rel. Keefe v. Schmiege, 251 Wis. 79, 84-86, 28 N.W.2d 345 (1947) (holding that municipalities and counties do not have the power to impose a penalty of imprisonment for violation of an ordinance other than as a means of enforcing payment). Therefore, expunction is not an option for Frett’s civil littering violation.”

Affirmed.

Recommended for publication in the official reports.

2014AP6 Kenosha County v. Frett

Dist. II, Kenosha County, Wilk, J., Gundrum, J.

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