Wisconsin Government Proposes Expungement of Low-Level Marijuana Crimes

Arrests for marijuana are the number one drug offense in Wisconsin, affecting nearly 20,000 people in 2018 alone. In the past, minor possession crimes were often charged as felonies in Wisconsin. The Wisconsin Policy Forum's 2018 report outlines possible changes to expand access to Wisconsin's expungement laws, especially those dealing with marijuana convictions. Passage of this legislation would make it easier to shield past marijuana convictions from public view, and it would likely speed up the lengthy process. More importantly, the legislation could potentially relieve Wisconsin residents of unreasonable and unfair felony convictions.
Wisconsin Representatives introduced Assembly Bill 33 in February, with the goal of clarifying and broadening Wisconsin's expungement laws. Expungement opportunities have been notably limited and difficult to achieve in Wisconsin's past. Final passage of the bill would make over 80,000 cases eligible for expungement and could potentially allow greater job, housing, and educational opportunities for those who have already completed their sentences. Expunged cases in Wisconsin would still be viewable on the Online Record Check System, as Rep. Evan Goyke believes that an individual should not be allowed to permanently hide their record. Despite his opposition to record-sealing, Goyke argues the value of transparency should be balanced against the value of opportunity, and he concluded that "the balance is weighing in favor of expunging records for individuals to get a better life." Instead of calling for automatic expungement, Assembly Bill 33 proposes a court process of shielding past convictions from the public eye. Rep. Goyke even stated that automatic expungement for victimless crimes such as marijuana possession might be appropriate. With the passage of legislation and protective expungement laws, Wisconsin residents convicted of marijuana crimes will start to see a better future on the horizon. Although AB 33 has room for improvement, many deserving citizens have been granted a sliver of hope, and this starting point could make all the difference.