By Ray Dall’Osto

After passing the Wisconsin Assembly earlier this year as A.B. 33, the Wisconsin Senate adjourned this year’s legislative session, without taking action to approve the parallel bipartisan expungement bill pending before it, S.B. 39. The proposed expungement reform bill, which has long been supported by the State Bar of Wisconsin and was favorably considered in previous years and legislative sessions, would change state law involving getting a criminal record expunged. If passed by the Senate and signed by Governor Evers, the expungement reform bill will significantly help alleviate the negative impact a criminal record can have on individuals seeking employment, housing, volunteer work, and in other areas where the stigma of a conviction can pose a roadblock, even in cases where the crime was nonviolent, a misdemeanor or lower-class felony, and/or committed many years ago. 

By Patrick Knight, Ray Dall’Osto & Jason Luczak

Computer and digital technology is constantly changing and ever-expanding. As a result, certain types of activities that might not seem problematic at the time could end up causing serious legal problems. State laws governing theft, and its civil cousins misappropriation and conversion, have expanded to include unauthorized possession, use and misuse of computers and digital information, the internet, use of identity, and capturing and sharing images.  

Internet crimes are ever-increasing and the definitions applied and consequences change rapidly, with the sentences more and more retributive. Known collectively as computer crime laws, these statutes cover a wide scope of activities, and violations of these laws can result in a broad range of criminal penalties. In addition to criminal charges, these crimes and activities can also form the basis for restitution claims and large money damage lawsuits, which include punitive and treble damages.

 By Ray Dall’Osto & Jason Luczak

Wisconsin, like most states, considers arson to be a very serious criminal act and imposes stiff penalties on anyone convicted of the crime. An individual facing arson accusations and charges in Wisconsin should consult with and work with a skilled criminal defense attorney who is also familiar with applicable insurance law and claims procedures, to best deal with and understand the charges and potential consequences of a conviction.

Arson to Buildings and Property Damage

Anyone who commits one of the following acts may face felony arson charges under Wisconsin law:

 By Ray Dall’Osto

So far in 2019, Wisconsin has seen the beginning of the reinstitution of pardon policy by the Governor and passage of an expungement reform bill by the state Assembly. If approved by the state Senate, this bill would expand the age range in which expungements are available to previous offenders and go a long way to address unnecessary restrictions that have been placed on expungement petitions by several court of appeals decisions. A Pardon Advisory Board was named by Governor Evers this summer, which will help to facilitate the pardon process, and will allow pardons to be considered and approved, for the first time in over eight years.

After Governor Tony Evers’ election and first six months in office, the chance for a fresh start has been restored to those who have a criminal record. Offenders can now apply for pardons for the first time since Evers’ predecessor Scott Walker halted the process eight years ago. Evers has reformed the Pardon Advisory Board, which consists of nine members who consider pardon requests and provide recommendations to the governor. Anyone who is seeking a pardon should understand the steps that will be followed.

What Does the Process Look Like?

The pardon process begins with an application that is submitted to the Pardon Advisory Board. Pardons will be considered for those who have been convicted of a felony in Wisconsin, completed their entire sentence at least five years ago, and have not been convicted of any new criminal offenses since completing their sentence. However, not all offenders can apply: anyone on the sex offender registry is ineligible. 

After submitting the application, it must be deemed eligible and complete by the board before moving forward. A public hearing will be scheduled. Though a hearing is typically only 15 minutes in length, the applicant will answer a series of questions posed by the board. These will focus on information about the crimes that were committed, the individual’s current lifestyle, and an explanation for why a pardon is deserved in this instance. If the board recommends a pardon, the Governor will receive the application for a final review. This is not a quick process, due to the high influx of applications that has come with the reinstatement of the Pardon Advisory Board.