Sentencing Guidelines – Expungement

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Jacob D. Zwiefelhofer

Case No.: 2020AP843-CR

Officials: Stark, P.J., Hruz and Nashold, JJ.

Focus: Sentencing Guidelines – Expungement

Jacob Zwiefelhofer appeals from an amended judgment of conviction that removed his eligibility for expungement. He also appeals from an order denying his motion for postconviction relief. The circuit court initially granted expungement eligibility at sentencing. The State, however, later moved the court to reconsider. The court subsequently granted the State’s motion and amended the original judgment to remove expungement eligibility. The court concluded that its expungement decision was based, in part, on an inaccurate argument Zwiefelhofer made at sentencing that a felony conviction would make him ineligible for federal farming subsidies and loans.

On appeal, Zwiefelhofer argues, among other things, that the State forfeited its claim for reconsideration of the circuit court’s expungement order when it failed to raise any issue during the sentencing hearing regarding the inaccurate information he provided. We agree that the State forfeited its claim in this regard because at the sentencing hearing, it did not object to or otherwise challenge a legal statement made by Zwiefelhofer’s attorney. Accordingly, we reverse and remand for the circuit court to vacate the May 31, 2019 amended judgment of conviction and to reinstate the January 15, 2019 original judgment of conviction.

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Derek A Hawkins is Corporate Counsel, at Salesforce.