Wisconsin 2021-2022 Regular Session Status: To Executive Bipartisan · 5 R · 4 D cosponsors

SB 78 — Relating to: expungement of records of certain crimes and discrimination based on expunged conviction. (FE)

Last action — Failed to pass pursuant to Senate Joint Resolution 1

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Senate
  4. ✓
    Passed Assembly
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

How this bill changes current law

9 changes Share ↗

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill modifies the expungement process for certain convictions, removes age restrictions for eligibility, and clarifies that expunged records do not count as convictions for employment discrimination purposes.

  • 973.015 (1m) (a) 1.

    when a person is under the age of 25 at the time of the commission of an offense for which the person has been found guilty in a court for violation of a law for which the maximum period of imprisonment is 6 years or less → the court may order at the time of sentencing that the record be expunged upon successful completion of the sentence if the court determines that the person has not previously had a record expunged under this section and that the person will benefit and society will not be harmed by this disposition.

    This change allows individuals of any age to seek expungement as long as they meet other criteria.

  • 973.015 (1m) (a) 1. a.

    If the court determines the person is eligible to petition for expungement, the court shall forward the petition to the district attorney.

    This addition introduces a procedural step where the court forwards the expungement petition to the district attorney for review.

  • 973.015 (1m) (a) 1. b.

    If at least one year has passed since the person successfully completed his or her sentence, the person may file a petition in the county of conviction requesting that the record be expunged.

    This specifies that individuals can petition for expungement after one year from completion of their sentence.

  • 973.015 (1m) (a) 3. c.

    A crime for which the maximum period of imprisonment is more than 6 years.

    This clarifies that crimes with a potential sentence over 6 years are not eligible for expungement.

  • 973.015 (1m) (a) 3. d.

    A violation of chs. 341 to 348.

    This specifies certain traffic offenses as ineligible for expungement.

  • 111.335 (3) (ag)

    employment discrimination because of conviction record includes, but is not limited to, requesting an applicant, employee, member, licensee, or any other individual, on an application form or otherwise, to supply information regarding a crime the record of which has been expunged under s. 973.015.

    This requires that individuals cannot be asked about crimes that have been expunged.

  • 111.335 (3) (g)

    it is not employment discrimination because of conviction record for the law enforcement standards board to refuse to certify, recertify, or allow to participate in a preparatory training program or to decertify under s. 165.85 an individual who has a conviction the record of which has been expunged under s. 973.015.

    This allows the law enforcement standards board to consider expunged records when determining certification.

  • 111.335 (4) (b)

    to bar or terminate an individual from licensing under sub. (3) (a) (ar) 1. because the individual was adjudicated delinquent under ch. 938 for an offense other than an exempt offense.

    This specifies that prior adjudications cannot be used as a sole basis for licensing actions.

  • 950.04 (1v) (g)

    and 973.015 (1m) (c)

    This expands the notifications to victims regarding their rights related to expungement.

Action History

  1. Failed to pass pursuant to Senate Joint Resolution 1

  2. LRB correction

  3. Representative Ramthun withdrawn as a cosponsor

  4. Available for scheduling

  5. Report passage recommended by Committee on Judiciary and Public Safety, Ayes 5, Noes 2

  6. Executive action taken

  7. Fiscal estimate received

  8. Representative Hong added as a cosponsor

  9. Public hearing held

  10. Representative Conley added as a cosponsor

  11. Fiscal estimate received

  12. Fiscal estimate received

  13. Representative Callahan added as a cosponsor

  14. Representative Ramthun added as a cosponsor

  15. Fiscal estimate received

  16. Fiscal estimate received

  17. Read first time and referred to Committee on Judiciary and Public Safety

  18. Introduced by Senators Darling, Roys, Bernier, Carpenter, Felzkowski, Feyen, Johnson, Larson, Ringhand, L. Taylor, Testin, Wanggaard and Wimberger; cosponsored by Representatives Steffen, Goyke, Allen, Anderson, Andraca, Baldeh, Born, Bowen, Brooks, Brostoff, Cabrera, Considine, Doyle, Drake, Edming, Emerson, Gundrum, Haywood, Hebl, Kerkman, Krug, Loudenbeck, Macco, B. Meyers, Milroy, Moses, Mursau, L. Myers, Neubauer, Novak, Ohnstad, Ortiz-Velez, Petryk, Pope, Rozar, S. Rodriguez, Schraa, Shankland, Shelton, Skowronski, Snodgrass, Snyder, Sortwell, Spreitzer, Subeck, Thiesfeldt, Tittl, Vining and Zimmerman

Sponsors

Sponsorship breakdown

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13 sponsors · 0 co-sponsors · 119 not signed on

Sponsors (13)

Co-sponsors (0)

None.

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors SB 78?
SB 78 is sponsored by Wimberger, Eric (Republican), Wanggaard, Van (Republican), Testin, Patrick (Republican), L. Taylor, Ringhand, Larson, Chris (Democrat), Johnson, LaTonya (Democrat), Feyen, Dan (Republican), Felzkowski, Mary (Republican), Carpenter, Tim (Democrat), Bernier, Roys, Kelda (Democrat), and Darling.
What is the current status of SB 78?
This bill died with 2021-2022 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 78?
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Last checked for changes 3 months ago · updated continuously

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