Sentencing Guidelines – Expunction

Listen to this article

WI Court of Appeals – District I

Case Name: State of Wisconsin v. Cheneye Leshia Edwards

Case No.: 2017AP633-CR

Officials: BRENNAN, P.J.

Focus: Sentencing Guidelines – Expunction

Cheneye Leshia Edwards appeals from a judgment of conviction and an order denying his motion for expunction. On appeal, he argues solely that the postconviction court wrongly denied his postconviction motion for expungement. Edwards had requested expunction at the time of sentencing, but the court had denied the request. He did not appeal the denial at that time. But after successfully completing probation, Edwards filed a postconviction motion in which he (1) requested expunction and argued that the postconviction court possessed inherent power to grant expunction after sentencing; and (2) in the alternative, sought reversal of the expunction denial order and a new expunction hearing on the grounds that the trial court had improperly exercised discretion in denying expunction at sentencing. The postconviction court denied his motion, and he appealed. We conclude that Edwards prevails on this second argument and therefore do not reach his inherent powers argument. The sentencing court failed to properly exercise its discretion in denying expunction at sentencing. Accordingly, we reverse that portion of the postconviction order denying expunction and remand to that court for a new hearing on expunction eligibility.

Full 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.