Criminal Procedure — expungement

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Wisconsin Court of Appeals

Criminal

Criminal Procedure — expungement

APPEAL from an order of the circuit court for Dodge County: STEVEN G. BAUER, Judge. Affirmed.

Andrew Geurts appeals an order of the circuit court dismissing his postjudgment motion requesting that the circuit court expunge from court records all references to a case in which Geurts entered a plea of no contest to disorderly conduct, after Geurts successfully fulfilled his obligations under a deferred prosecution agreement with the State to resolve the charge. The State fulfilled its side of the bargain by dismissing the disorderly conduct charge, but court records reflecting the charge, the no contest plea, and resolution of the case remain publicly available. The circuit court did not reach the question of whether the court would exercise its discretion to expunge Geurts’s record, because the court concluded that Geurts was not eligible for expunction under the expunction statute, Wis. Stat. § 973.015, and that the court lacked inherent or equitable authority to expunge his record under the facts here. Geurts appeals. For the following reasons, I affirm.

2014AP001520-CR State v. Andrew R. Geurts

DISTRICT IV, Dodge County; STEVEN G. BAUER, Judge. Affirmed. BLANCHARD, P.J

Attorneys: For Appellant: Kennedy, Robert A., Jr. For Respondent: Weber, Gregory M.; Sempf, James T.

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