Form Dj-Le-177 - Wisconsin Dna Databank Record Expungement Request printable pdf download

INSTRUCTIONS FOR COMPLETING A

WISCONSIN DNA DATABANK RECORD EXPUNGEMENT REQUEST

All expungements will be in compliance with Wisconsin State Statutes 165.77(4) &165.84(7)(am)2m,

Wisconsin Administrative Justice Code 9.06(2), and US Code § 14132.

1. All expungement requests must be made by the expungement candidate using the Wisconsin DNA

Databank Record Expungement Request Form (DJ-LE-177), and sent to the Wisconsin DNA

Databank Unit at the Wisconsin State Crime Laboratory in Madison.

2. The form must be completed fully, including all identifying information, two fingerprints and

candidate’s signature.

a. Conviction information must include court case number and charge. This information may be

found on CCAP (Wisconsin Circuit Court Access)

b. If the request is subsequent to a conviction, finding, or an adjudication, supporting

documentation must be provided, which shall include a certified copy of the court order

reversing, setting aside, or vacating the conviction.

c. If the request is subsequent to an arrest no supporting documentation is necessary, however,

one of the following parameters must be met before arrest DNA can be expunged:

1. All charges for which the person was required to provide a biological specimen under s.

165.84 (7) or 970.02 (8) have been dismissed.

Wisconsin State Statute

165.77(4)(am)2.a.

2. The trial court reached final disposition for all charges for which the person was required

to provide a biological specimen under s. 165.84 (7) or 970.02 (8), and the person was

not adjudged guilty of a violent crime in connection with any such charge. Wisconsin

State Statute 165.77(4)(am)2.b.

3. At least one year has passed since the arrest and the person has not been charged with

a violent crime in connection with the arrest. Wisconsin State Statute 165.77(4)(am)2.c.

4. The person was adjudged guilty of a violent crime in connection with any charge for

which the person was required to provide a biological specimen under s. 165.84 (7) or

970.02 (8), and all such convictions for a violent crime have been reversed, set aside, or

vacated. Wisconsin State Statute 165.77(4)(am)2.d.

3. DNA will not be expunged or destroyed if a separate collectible offense or arrest is identified.

If the candidate is convicted of any other felony or misdemeanor, do not send another copy of this

form as the expungement will not take place.

4. Per Wisconsin State Statute 165.84 (7) (am) 2m., if probable cause has not been established one

year after DNA collection, the expungement process will be initiated by crime lab personnel and

notification will be made to the candidate. The candidate does not need to submit a request form.

DJ-LE-177, Rev. Date 3/27/2015

Form Dj-Le-177 - Wisconsin Dna Databank Record Expungement Request