By: Derek Hawkins//July 5, 2017//
WI Supreme Court
Case Name: State of Wisconsin v. Lazaro Ozuna
Case No.: 2017 WI 64
Focus: Expungement
We review an unpublished decision of the court of appeals, State v. Ozuna, No. 2015AP1877-CR, unpublished slip op. (Wis. Ct. App. April 13, 2016), affirming the Walworth County circuit court’s order denying expungement of the defendant’s misdemeanor convictions. We affirm the decision of the court of appeals and hold that the circuit court properly concluded that the defendant was not entitled to expungement. We do so because the defendant did not meet the statutory requirements for expungement. Specifically, in order to be entitled to expungement, a probationer must “satisf[y] the conditions of probation.” Wis. Stat. § 973.015(1m)(b) (2013-14). In this case, when the Department of Corrections (“DOC”) notified the circuit court that the defendant had completed probationary supervision, it simultaneously notified the court that the defendant had violated the court’s expressly ordered condition that he neither possess nor consume alcohol. Consequently, the circuit court ruled that the defendant was not entitled to expungement, and the court of appeals affirmed. We affirm the decision of the court of appeals.
Affirmed
Dissent: A.W. Bradley, Abrahamson
Concurring: