Aug. 26, 2024 – An ancient and central concept in criminal law is that of retributive justice—that is, the punishment must fit the crime. Most people, from legal scholars to average members of the public, will agree that upon conviction, a sentence must not be too lenient nor too harsh, but proportionate to the crime committed.
But instead of a punishment ending with the successful completion of a sentence, ex-offenders sometimes find themselves caught in a never-ending cycle of underemployment, lack of opportunities, and homelessness. Research1 has shown that the consequences of a criminal record can become a life-long barrier to success. Many vocational licenses cannot be obtained by individuals with criminal records, yet those vocations are often the jobs for which ex-offenders are most qualified or trained for.
In Wisconsin, nearly 1.4 million adults have a criminal record, including 42% of Milwaukee’s job seekers.2 Despite laws prohibiting it, employment and landlord discrimination against those who have completed their sentences still occurs.
The idea of proportionality is thrown out the window when a criminal record follows and impairs a person’s ability to contribute to society in positive and meaningful ways.
Wisconsin’s existing expungement law is anomalous compared to other states (Wis. Stat. section 973.015). It is the only state in the nation that requires judges to determine eligibility when someone is sentenced, instead of after the completion of a sentence, and does not permit expungement for closed cases, even if they meet all other criteria. Further, Wisconsin is one of only a couple of states that limits expungement eligibility to offenses that occur before age 25.
Devin Martin, is the grassroots outreach coordinator with the State Bar of Wisconsin. He can be reached by
email, or by phone at (608) 250-6145.
Increasing eligibility for expungement of low-level, nonviolent criminal records could contribute to alleviating workforce shortages, discourage reoffending, and increase personal income to help individuals and families become financially secure.
Employers, workforce leaders, civic and political organizations across Wisconsin recognize that expungement can reduce overall taxpayer costs, help the labor market, and improve life outcomes for people with criminal records. That’s why groups as diverse as the Waukesha County Business Alliance, American Civil Liberties Union of Wisconsin, Disability Rights Wisconsin, the Badger Institute, Wisconsin Economic Development Association, and Americans for Prosperity all support expungement reform in our state.
There is broad, bipartisan support for common-sense reforms to Wisconsin’s expungement system. In the last four legislative cycles, expungement reform bills passed the GOP-led Assembly with an overwhelming majority voice vote, and enjoyed the support of an overwhelming majority of state Senators on both sides of the aisle. Unfortunately, these bills were never placed on the floor of the Wisconsin Senate for a full vote.
The State Bar Board of Governors maintains its position in support of reforming Wisconsin’s laws on expungement—people's ability to clear their record of a single, lower level, nonviolent criminal offense if they haven't had any other run-ins with the law. But to make legislative change happen, lawmakers need to hear the voices of their constituents in the legal community.
What You Can Do: State Bar of Wisconsin Advocacy Network
State Bar members are encouraged to send a message to their lawmakers expressing support on legislative topics which positively affect the legal system using the
Advocacy Network. Pre-written email messages are editable to suit your own thoughts and opinions and help to demonstrate the breadth of support for policies that prioritize access to justice. You can also "Choose Your Own" to craft messages to any of your elected officials, from President of the United States down to your local municipal officials.
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Endnotes
1 Brennan Center for Justice, “
Collateral Consequences and the Enduring Nature of Punishment,” June 21, 2021.
2 Wisconsin Policy Forum, “A Fresh Start: Wisconsin's Atypical Expungement Law and Options for Reform,” June 2018.
