In Wisconsin, a misdemeanor conviction stays on your record for the rest of your life unless a judge ordered expungement at the time you were sentenced. There is no automatic waiting period that clears it. The online court listing does eventually come down, but the underlying criminal history record maintained by the state does not expire. How long a misdemeanor stays on your record in Wisconsin therefore depends less on time than on what happened at your sentencing hearing.
Two Records, Two Timelines
Your conviction lives in two separate places, and they behave differently.
The court file is what appears on Wisconsin Circuit Court Access, the public CCAP website that most employers and landlords search. Court records are kept for 20 years after the final judgment, after which the physical file can be destroyed and the online listing disappears.1Wisconsin Court System. Wisconsin Supreme Court Rule 72.01 – Retention of Original Record
The Wisconsin Department of Justice keeps a second, separate criminal history database built from arrest fingerprint cards and conviction reports. That record has no expiration date. Even a court-ordered expungement does not remove the conviction from the DOJ file; the state record is simply annotated to reflect that the court file was expunged.2Wisconsin Department of Justice. Criminal Records Questions and Answers A thorough background check through law enforcement channels can still surface the conviction.
What Expungement Actually Removes
Expungement removes references to your name and identity from the court’s file and pulls the case off CCAP. Because most employers, landlords, and licensing agencies rely on CCAP rather than a DOJ criminal history report, expungement effectively hides the conviction from most routine checks.
It does not erase the conviction. Law enforcement still has access, and licensing bodies that run fingerprint-based background checks through the DOJ, such as those in law enforcement, health care, and education, may still see a notation that a conviction existed and was expunged.2Wisconsin Department of Justice. Criminal Records Questions and Answers
Who Qualifies for Misdemeanor Expungement
Wisconsin’s expungement law, section 973.015 of the statutes, is unusually restrictive. All four of the following conditions must be met.3Wisconsin State Legislature. Wisconsin Statutes 973.015 – Special Disposition
- You were under 25 at the time of the offense.
- The offense carries a maximum sentence of six years or less. Every Wisconsin misdemeanor meets this, since even a Class A misdemeanor tops out at nine months.4Wisconsin State Legislature. Wisconsin Statutes 939.51 – Classification of Misdemeanors
- The judge decided at sentencing that you would benefit from expungement and society would not be harmed.
- You completed your entire sentence, including any jail time, probation, fines, and restitution, without picking up a new conviction.
The sentencing requirement is the one that traps most people. Wisconsin does not allow a later petition to add expungement to a case where the judge did not order it originally. If your attorney did not raise it, the judge did not consider it, or you were 25 or older, the door is closed. Anyone still facing sentencing should raise expungement with defense counsel before the hearing.
Convictions That Cannot Be Expunged
Even with all four conditions met, some convictions are excluded. The statute bars expungement of any offense the Department of Transportation is required to keep on your driving record.3Wisconsin State Legislature. Wisconsin Statutes 973.015 – Special Disposition That rules out Operating While Intoxicated regardless of age or circumstances. A first-offense OWI in Wisconsin is a civil forfeiture rather than a criminal misdemeanor, but the same rule applies: civil OWI records cannot be expunged or sealed either. If your conviction appears on your DOT driving record, treat it as not expungeable.
How the Record Actually Gets Sealed
If the judge ordered expungement at sentencing, what happens next depends on your sentence.
Probation or Jail
The process is mostly automatic. When you complete your sentence, the probation agent or correctional facility issues a certificate of discharge and forwards it to the court, and the clerk then seals the record.3Wisconsin State Legislature. Wisconsin Statutes 973.015 – Special Disposition It doesn’t always run smoothly. If your case is still visible on CCAP weeks after your sentence ends, contact your probation agent or the clerk of courts.
Fine Only
If you were only fined and not placed on probation, you have to file a petition in the circuit court where you were convicted using form CR-266.5Wisconsin Court System. Petition to Expunge Criminal Court Record of Conviction (Non-Probation/Non-Incarceration) You confirm that you have completed your sentence, paid everything owed, and have no new charges pending. A copy goes to the District Attorney, who can object, and the court may hold a hearing before deciding.
If the Charge Was Dismissed or You Were Acquitted
A different path applies when you were not convicted. Dismissed and acquitted cases come off the CCAP website automatically two years after the case closed. No petition is needed.
You can also ask the Department of Justice to remove your fingerprint and arrest records from the state criminal history database, but only if every charge from that arrest ended in dismissal, acquittal, or release without prosecution. A conviction on any charge from the same arrest keeps the entire record in place.6Wisconsin Department of Justice. Wisconsin Fingerprint Record Removal Request Instructions The request is made on form DJ-LE-250B with inked fingerprints for identity verification.
What the Record Means While It Is Still There
A misdemeanor on your record does not carry the consequences people often assume it does.
On employment, Wisconsin’s Fair Employment Act goes further than federal law. An employer cannot refuse to hire you because of a conviction unless it is substantially related to the job.7Wisconsin State Legislature. Wisconsin Statutes 111.321 – Prohibited Bases of Discrimination The test is whether the position would give you an unusual opportunity to commit the same kind of offense. A shoplifting conviction may be substantially related to a cash-handling job but not to a warehouse position. Blanket job listings that say “no criminal record” or “clean background check required” violate the Act. If an employer rejected you solely for a misdemeanor without weighing whether it related to the work, you can file a complaint with the Wisconsin Department of Workforce Development.
On firearms, most misdemeanors have no effect on your right to own a gun. The exception is domestic violence. A misdemeanor crime of domestic violence triggers a permanent federal prohibition on possessing firearms or ammunition,8Office of the Law Revision Counsel. 18 USC 922 – Unlawful Acts and Wisconsin separately blocks anyone under that federal ban from buying a firearm or getting a concealed carry license.
On voting, a misdemeanor conviction does not cost you your vote in Wisconsin, aside from the rare cases of misdemeanor treason or bribery. You can vote while serving a jail sentence, while on probation, and after. If you are in jail on a misdemeanor, you can request an absentee ballot by mail.
A Pardon Is Not an Option for a Standalone Misdemeanor
If you don’t qualify for expungement, a Governor’s pardon isn’t a backup. Wisconsin’s pardon process is available only for felony convictions.9Wisconsin Governor Tony Evers. Pardon Information A misdemeanor is considered only when it was part of the same case as a felony being reviewed. A pardon also does not seal or erase a conviction; it adds a notation of official forgiveness and restores certain civil rights. For someone dealing only with a misdemeanor, that path is closed.