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Sentencing Guidelines – Expunction
By: Derek Hawkins//January 30, 2018//
Listen to this articleWI Supreme Court
Case Name: State of Wisconsin v. Diamond J. Arberry
Case No.: 2018 WI 7
Focus: Sentencing Guidelines – Expunction
This is a review of a published decision of the court of appeals, State v. Arberry, 2017 WI App 26, 375 Wis. 2d 179, 895 N.W.2d 100, affirming the Fond du Lac County circuit court’s denial of Diamond J. Arberry’s (“Arberry”) postconviction motion seeking expunction pursuant to Wis. Stat. § 973.015 (2013-14)3 vis-à-vis sentence modification under Wis. Stat. § 809.30(2)(h).
We consider one issue on this appeal: whether a defendant may seek expunction after sentence is imposed. We conclude that a defendant may not seek expunction after sentence is imposed because both the language of Wis. Stat. § 973.015 and Matasek require that the determination regarding expunction be made at the sentencing hearing. Thus, we affirm the decision of the court of appeals.
Affirmed
Concur:
Dissent:
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.
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