Tag: Senate Bill 38

Proposed Bill Would Eliminate Wisconsin’s Age Restriction for Expungements May 4, 2023 Wisconsin lawmakers have revisited a proposal that would significantly change the state’s criteria for expunging criminal records. Expunging these records would make it easier for those with criminal records to re-enter the workforce. Most notably, this proposed legislation would eliminate a significant barrier for those seeking expungements: the age limit. Under current state law, individuals can only request expungement from a judge if they committed the crime before reaching 25 years old. In addition, the crime must have been a non-violent, low-level offense with a maximum term of imprisonment of six years or less. Senate Bill 38 (SB 38) would make major changes to these rules. As previously stated, it would eliminate the age restriction, allowing crimes committed at any age to qualify for expungement. However, this bill includes examples of crimes ineligible for expungement. These examples include stalking, traffic offenses, criminal trespass, violation of restraining orders for domestic abuse, and criminal damages to a business. It would also continue to permit expungements only for non-violent, non-felony convictions. In addition, the individual cannot have prior felony convictions. Individuals must wait a minimum of one year to qualify for expungement. They must also complete the terms of their sentence before applying, such as community supervision. In addition, they must pay fees and victim restitution if applicable. The legislation also aims to clear any confusion employers and licensing agencies may have concerning expunged convictions. Currently, the public does not have access to expunged convictions. However, employers can still learn about them. As a result, SB 38 would prohibit employers from making hiring decisions based on expunged convictions. It also clearly states that an expunged conviction cannot disqualify an individual from acquiring a professional license. This law would also eliminate the need for convicts to request and receive the chance of expungement from a judge on the day of their sentencing. This change would take effect retroactively, allowing individuals who received this stipulation to receive an expungement of their convictions. It remains uncertain whether this legislation will pass the state Senate. It also needs to receive the support of the Assembly. Wisconsin employers should monitor this legislation and prepare for these changes. As always, partnering with a trusted screening provider is crucial to ensure compliance with new legislation such as this. Keep your business up to date on new laws and regulations with Pre-employ’s free news resources. Contact a sales rep today. Source

Tag: Senate Bill 38

Proposed Bill Would Eliminate Wisconsin’s Age Restriction for Expungements

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