Please ensure Javascript is enabled for purposes of website accessibility

Expungement

By: Derek Hawkins//July 5, 2017//

Expungement

By: Derek Hawkins//July 5, 2017//

Listen to this article

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We review an unpublished decision of the court of appeals, State v. Ozuna, No. 2015AP1877-CR, unpublished slip op.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:

File Text


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.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests