by Brian H. Mahany, Esq.
Erasing the past? It’s not that easy in Wisconsin if your past includes criminal convictions.
Our record unemployment rate and sluggish economy has sent tens of thousands of people to seek expungement of their criminal records. In a tight economy, a criminal record can be a real hinderance to finding work. If 10 people are competing for the same job, in many instances the one or two folks with criminal records are the first rejected.
The impact on job seekers in Wisconsin is especially dramatic. We are unique as a state in that we offer the easiest public access to criminal records and have very onerous laws on expungement.
In many states, accessing criminal records isn’t very user friendly. A prospective employer has to fill out forms, pay fees and wait for a response. Not in Wisconsin. Most state employers are very familiar with Wisconsin’s court access system, “CCAP” (http://wcca.wicourts.gov/). The CCAP system, is free, easy to access and provides instant results.
There is one bright spot, however. Wisconsin is also unique in that our equal rights law forbids discrimination in the workplace based on arrest or conviction records. There is a caveat, however, that allows an employer to consider convictions that are “substantially related” to a particular job or position. Thus, a person’s conviction for a child sex offense, for example, might be considered if the person was applying for a day care worker position.
Does the law work? Unfortunately for many the answer is no. People are routinely denied jobs because of arrests or because of convictions from the distant past or having no relationship to the position. One potential client indicated that he had been turned down for work over 2 dozens times because of a juvenile conviction concerning a fatal accident that occurred almost 2 decades ago.
In most states, the remedy for job seekers and those who have turned their lives around is to seek an expungement. An expungement clears your public record. In most states, that means your records are shredded, removed, sealed or blocked from view. In most states it also means that a job seeker can legally answer “no” if asked about prior convictions.
Most states are reporting up to a 50% increase in expungement requests this year. Florida has already expunged 15,000 records this year. What about Wisconsin?
Wisconsin law extremely limits who can seek an expungement. Generally, the remedy is available only to specified crimes committed by a person under age 25. Those crimes include misdemeanors and some minor felonies. Juvenile delinquency findings can also be expunged but those do not appear on the public access CCAP system.
Expunged cases in Wisconsin are sealed and removed from CCAP. The police and courts still have access, however.
There is another exception for victims of identity theft. If someone “steals” or assumes your identity and commits a crime, there are procedures to restore one’s name.
Another alternative in Wisconsin is seeking a pardon from the Governor. Our state Constitution declares in part, “The Governor shall have power to grant reprieves, commutations and pardons, after conviction, for all offenses, except treason and cases of impeachment…”
Although the remedy is there, few lawyers are familiar with the process and few pardons are granted. In recent years, Governor Thompson granted the most, 238 people received pardons between 1987 and 2001.
The economy has caused several expungement websites to spring up across the country. Given Wisconsin’s strict guidelines on expungement, however, job hunters seeking to clean their record are much better served contacting an attorney knowledgeable about both the expungement and pardon process.
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The criminal defense lawyers at Mahany & Ertl, LLC can assist you with both expungements and pardons. From our offices in Milwaukee and Waukesha County, you can assist you anywhere in Wisconsin. We offer flat fees and personal, attentive service.
Call us for expungements, pardons or any type of criminal defense matter. Our white collar criminal defense practice is national - we have defended the rights of those accused of crimes in California, Washington, Texas, Chicago, Tennessee, Maine, Boston, New Jersey, Philadelphia. Indiana, Ohio and many others. Call Attorney Christopher Ertl today at (414) 704-2257 to discuss expungements.
The law firm of Mahany & Ertl also concentrates in the area of employment discrimination. If you were denied employment or a promotion because of an arrest or a conviction, you may be entitled to relief. Our employment lawyers can assist you - call Attorney Brian Mahany today at (414) 704-6731.
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