THE WISCONSIN CENTER FOR
INVESTIGATIVE JOURNALISM LOOKS
AT A PROPOSAL TO EXPUNGE SOME
NONVIOLENT CRIMINAL RECORDS.
PROPONENTS OF A BIPARTISAN
LEGISLATIVE BILL SAY SUCH A LAW
CHANGE WOULD HELP PEOPLE WITH
PAST RECORDS FOR SUCH THINGS AS
MARIJUANA POSSESSION GET JOBS OR
PROFESSIONAL LICENSES, FOR
EXAMPLE.
LEGAL ACTION OF WISCONSIN SAYS
MARIJUANA EXPUNGEMENTS COULD BE
ESPECIALLY IMPORTANT FOR THOSE
WHO WERE CONVICTED DECADES AGO,
WHEN FIRST-TIME EVEN MINOR
POSSESSION WAS CHARGED AS A
FELONY.
HERE TO TALK WITH US, SUSAN LUND
FROM LEGAL ACTION OF WISCONSIN,
FROM MILWAUKEE.
>> THANKS FOR HAVING ME.
>> HOW HARD IS IT CURRENTLY IN
WISCONSIN TO GET SUCH CRIMINAL
RECORDS EXPUNGED?
>> WELL, PEOPLE CALL LEGAL
ACTION EVERY DAY SEEKING ACCESS
TO EXPUNGEMENT.
AND WHEN WE TAKE THOSE CALLS,
OFTENTIMES THEY ARE TRYING TO
MOVE FORWARD, RIGHT, TO HAVE
ACCESS TO EDUCATION, SAFE AND
STABLE HOUSING, FINDING
FAMILY-SUSTAINING WORK.
AND WHAT WE HAVE TO TELL A LOT
OF THEM IS THAT THEY DON'T
QUALIFY TO PETITION FOR
EXPUNGEMENT BECAUSE OF TWO MAIN
ASPECTS OF OUR CURRENT LAW.
THE FIRST ONE IS THAT YOU HAVE
TO HAVE BEEN UNDER THE AGE OF 25
AT THE TIME OF THE COMMISSION OF
THE OFFENSE TO QUALIFY TO
PETITION FOR EXPUNGEMENT.
AND THE SECOND ASPECT IS A
PRETTY UNUSUAL PROCEDURAL
REQUIREMENT THAT THE INDIVIDUAL
HAS TO HAVE EXPUNGEMENT GRANTED
AT THE TIME OF SENTENCING IN
ORDER TO QUALIFY.
SO THAT IS VERY LIMITING.
>> YEAH.
BOTH THOSE RULES SEEM UNUSUAL TO
ME, BUT, YOU KNOW, WHO KNOWS
WHAT WAS GOING ON WHEN THEY
WROTE THOSE LAWS.
BUT WHAT DOES IT MEAN FOR A
RECORD TO BE EXPUNGED?
>> THE PRACTICAL IMPACT OF
HAVING A A RECORD EXPUNGED WOULD
MEAN THAT THE COURT REMOVES
ACCESS, PUBLIC ACCESS TO THAT
FILE IN THE COURTHOUSE AND ALSO
TAKES IT DOWN FROM THE FREE AND
EASILY SEARCHABLE COURT RECORDS
DATABASE ONLINE.
>> AND PRESUMABLY EMPLOYERS AND
LANDLORDS AND OTHERS ARE
ACCESSING THAT CCAP, AS IT'S
KNOWN, THOSE ONLINE RECORDS
AVAILABLE TO THE PUBLIC, AND
FINDING THESE CRIMINAL RECORDS
OF THESE PEOPLE?
>> YES.
THE FREE, SEARCHABLE COURT
RECORDS ONLINE IN CCAP HAS BEEN
A REAL GAME-CHANGER IN
WISCONSIN.
IT HAS REALLY ENHANCED THE
STIGMATIZING IMPACT OF A
CRIMINALLECRIMINAL CONVICTION BECAUSE NOW
IT'S NEARLY UNIVERSAL FOR
EMPLOYERS OR LANDLORDS TO DO A
COURT RECORD SEARCH BEFORE THEY
WILL EXTEND A JOB OFFER OR
HOUSING OPPORTUNITY.
>> ACCORDING TO WISCONSIN CENTER
FOR INVESTIGATIVE JOURNALISM
REPORTING, ARRESTS FOR MARIJUANA
ARE THE NUMBER ONE DRUG OFFENSE
IN WISCONSIN, AFFECTING NEARLY
20,000 PEOPLE IN 2018 ALONE.
SO IN YOUR EXPERIENCES, IS THIS
THE KIND OF CASE THAT IS MOST
OFTEN BROUGHT TO YOUR OFFICE?
>> FOLKS BRING A VARIETY OF LOW
LEVEL CASES TO OUR OFFICE
SEEKING EXPUNGEMENT, A LOT OF
NONVIOLENT DRUG POSSESSION
CASES, SOME PUBLIC BENEFITS OVER
PAYMENTS CASES, A VARIETY OF
CASES THAT ARE IMPACTING THEIR
ABILITY TO FIND HOUSING,
EDUCATIONAL OPPORTUNITIES AND
EMPLOYMENT.
>> DO YOU HAVE A PARTICULAR CASE
OF ONE OF YOUR CLIENTS -- OF
COURSE, NOT NAMING ANYONE, BUT
THAT STANDS OUT, OF AN
EXPERIENCE WHERE IT JUST SEEMED
AS THOUGH THIS PROCESS REALLY
HURT THEIR BUSINESS GOING
FORWARD?
>> WELL, ONE THAT COMES TO MIND
IS JUST LAST WEEK AN INDIVIDUAL
CALLED OUR OFFICE SEEKING ACCESS
TO EXPUNGEMENT BECAUSE OF A
NONVIOLENT CONVICTION ON THEIR
RECORD FROM THE '80s.
SO THEY WERE CALLING BECAUSE
THEY'D SERVED THEIR SENTENCE AND
THEY'D PAID ALL THEIR COURT FEES
AND THEY HADN'T THOUGHT ABOUT
THIS CASE IN DECADES, BUT JUST
THIS MONTH THEY HAD APPLIED FOR
A A JOB AND THEN TURNED DOWN
BASED ON IT.
SO I EASILY PULLED THE RECORD OF
THAT CASE UP ON ONLINE AND I SAW
WHAT THEY WERE TALKING ABOUT.
SO THAT'S JUST SOMETHING THAT
HAS COME INTO OUR OFFICE IN THE
LAST MONTH THAT STICKS WITH ME.
>> THE WISCONSIN POLICY FORUM
SAYS THAT MORE THAN 80,000 CASES
COULD BE ELIGIBLE FOR
EXPUNGEMENT UNDER THE PROPOSED
LAW CHANGE.
WHAT ARE THE SIGNIFICANT CHANGES
UNDER THE BILL THAT WOULD
BROADEN THE ABILITY FOR
EXPUNGEMENT TO THAT EXTENT?
>> SURE.
A COUPLE OF THE ASPECTS OF THE
PROPOSAL IS IT REMOVES THE AGE
REQUIREMENT, RIGHT?
SO THE PERSON WOULD NO LONGER
HAVE TO BE UNDER THE AGE OF 25
TO QUALIFY TO ASK A JUDGE FOR
EXPUNGEMENT.
THE SECOND THING IS IT DOES
REMOVE THIS UNUSUAL PROCEDURAL
REQUIREMENT THAT A JUDGE WOULD
HAVE TO ORDER EXPUNGEMENT AT THE
TIME OF SENTENCING, WHICH,
AGAIN, IS JUST -- IT'S THE
PUNISHMENT PHASE OF THE CASE AND
JUDGES ARE RELUCTANT TO ORDER
EXPUNGEMENT AT THAT TIME, SO
THAT LIMITING ASPECT OF THE LAW
IS REMOVED IN THE PROPOSAL.
A THIRD THING IS THAT THE
PROPOSAL MAKES THIS RETROACTIVE,
SO IT WOULD MEAN THAT PEOPLE WHO
WERE PREVIOUSLY SENTENCED UNDER
THE OLD EXPUNGEMENT LAW COULD
NOW HAVE A PROCESS TO PETITION
FOR EXPUNGEMENT.
AND A FOURTH COMPONENT THAT'S
IMPORTANT IS THE PROPOSAL MAKES
CLEAR THAT IT WOULD NOW BE
UNLAWFUL EMPLOYMENT
DISCRIMINATION TO DENY AN
INDIVIDUAL A JOB BASED ON AN
EXPUNGEMENTED CONVICTION.
>> ALL RIGHT.
WE WILL WATCH THE PROGRESS OF
THAT BILL.
SUSAN LUND, THANKS VERY MUCH FOR
EXPLAINING IT TO US.
>> THANK YOU.
>> YOU CAN SEE THE FULL
WISCONSIN CENTER FOR
INVESTIGATIVE JOURNALISM REPORT
BY GOING