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Wisconsin: Adult Non-Conviction Arrests (WI-NC-2)
DNA records that have been entered into law enforcement data banks under Wis. Stat. § 165.84(7) may be expunged if one of the following conditions is met: 1) the charges for which the person was required to provide the sample have been dismissed; 2) the court has reached final disposition on the charges that produced the sample and the person has not been convicted of any violent crimes as defined by Wis. Stat. § 165.84; 3) at least one year has passed and the person has not yet been charged with a violent crime in connection with the arrest that produced the sample; 4) the person was found guilty of a violent crime and the conviction has since been reversed, set aside, or vacated. Wis. Stat. § 165.77(4)(am)(2).
Record Detail(s)
No conviction obtained
Charges not filed
Previous Conviction Disqualifying
No statutory language
Mandatory / Discretionary
Mandatory
Hearing
Not applicable
Clearance Process
Petition-based
Remedy
Expunge
Ineligible Category or Citation
There is no statutory language regarding ineligible offenses.
Procedure General
The person must submit a request to the Wisconsin Department of Justice. Wis. Stat. § 165.77(4)(am).
Fees
There is no statutory language regarding fees.
Effect
The laboratories will remove all records and identifiable information in the data bank pertaining to the person and destroy all samples from the person. Wis. Stat. § 165.77(4)(bm).
Forms
See forms here.
Waiting Periods
There is a 1-year waiting period.
