Facing a DUI conviction in Wisconsin can feel like a lasting barrier, making it hard to secure jobs, housing, or education even years after you have fulfilled your court obligations. Many people are left wondering if there's any way to remove this mark from their record and regain control over their future. At Ritter Law Office, LLP, we know how much a second chance can matter. If you want to clear a DUI from your criminal record or better understand your options for relief in Wisconsin, it’s important to get straight answers about what the law actually allows—and explore every possible legal avenue for your unique case.
Contact our trusted DUI defense lawyer in Milwaukee at (414) 441-4321 to schedule a confidential consultation.
Can You Expunge a DUI in Wisconsin, or Does It Stay on Your Record?
Many individuals are surprised to learn that Wisconsin does not allow most DUI convictions to be expunged from an adult’s criminal record. Expungement is a legal process that erases certain records from public view, giving people a fresh start after completing their sentence. While some states offer broad expungement options for a range of offenses, Wisconsin maintains stricter requirements, especially for DUI convictions, which the state refers to as Operating While Intoxicated (OWI).
Under Wisconsin Statute §973.015, expungement is limited to certain non-violent crimes committed by people under the age of 25 where the maximum penalty is six years or less. Importantly, OWI offenses—whether misdemeanor or felony—are specifically excluded from this relief. This approach means that even after serving all penalties and complying with court requirements, a DUI conviction will typically remain part of your criminal record for life, showing up in criminal background checks. If you are hoping to erase a Wisconsin DUI, state law simply does not provide a path for most adult cases, which can come as a shock to many people searching for relief.
It’s also valuable to understand the difference between a conviction and an arrest. While dismissed or reduced charges might seem less serious, those records can still appear in background checks and on public court websites. Wisconsin does not automatically erase records just because a case was dropped or you faced only a citation. Reviewing your court documents or working with an attorney familiar with Wisconsin record procedures is a wise first step in determining what, if any, options exist for your specific situation.
What Are the Requirements for Expunging a Criminal Record in Wisconsin?
The requirements for expungement in Wisconsin are very strict and only apply to a small number of cases. To qualify, the following conditions must all be met:
- You were under 25 years old when the offense occurred.
- Your conviction was for a non-violent crime with a maximum possible penalty of six years or less.
- No prior felony was on your record at the time of sentencing.
- The judge ordered expungement at the time of your sentencing—not afterward.
- You completed all sentence conditions, such as probation, supervision, or payment of fines.
Even if you meet all these requirements, Wisconsin law specifically keeps OWI/DUI convictions off the list of charges eligible for expungement. Violent offenses, crimes involving weapons, and charges with aggravating circumstances are also disqualified. While some non-violent misdemeanors and select felonies may be expunged under these rules, operating while intoxicated offenses are not included.
Juvenile records follow a different set of rules, and teens with an OWI charge may have some limited possibilities. However, once a person turns 17, most offenses are treated as adult cases in Wisconsin, further closing the door to expungement. Understanding these limits can save you time and stress when seeking a second chance, and reinforces the importance of speaking with an attorney about every detail of your case—especially if there were unique factors at sentencing or if your record contains inaccurate or confusing entries.
Are First-Offense DUIs Ever Eligible for Expungement or Removal in Wisconsin?
First-offense DUI charges raise special questions in Wisconsin because these are often classified as civil offenses—not criminal misdemeanors—if there are no aggravating factors. Some people hope this means their first OWI might be erased or sealed after a set period, but the reality is more complicated. Although a first-offense OWI can avoid jail time and is less serious than repeat offenses, it will still appear on your Wisconsin driving record and in many background checks for at least 10 years. A civil OWI cannot be expunged, sealed, or removed from public view under Wisconsin law.
If your case involved aggravating factors—like bodily injury, child passengers, or very high blood alcohol concentration—your first OWI may have been prosecuted as a misdemeanor or even a felony. In those situations, Wisconsin’s expungement statute still blocks relief, leaving these convictions public for life. Even for those under the age of 25, a first-offense OWI remains off-limits for expungement, as the legislature has intentionally excluded such traffic-related offenses from statutory relief.
If a first-offense OWI was dismissed or amended to a different charge, you may have a chance to petition for removal of the associated arrest or court records under limited circumstances. This path typically requires legal action to correct or suppress records of non-conviction events. The process is complicated and, for most people with a DUI conviction—even a first offense—the record is permanent under current Wisconsin laws.
How Does a DUI Conviction Affect Background Checks, Employment, and Licensing in Wisconsin?
A DUI conviction can have far-reaching and lasting effects in Wisconsin, especially when it comes to background checks and future opportunities. Criminal and driving records are both maintained by state authorities, and a conviction for OWI will appear in both databases. Employers, landlords, and state agencies often run these checks, and they will see an OWI conviction every time you apply for a job, professional license, or rental housing—even years after the incident.
Some jobs are particularly sensitive to DUI convictions. If you are seeking work in education, health care, transportation, law enforcement, or positions involving vulnerable people, an OWI on your record can present significant challenges. Wisconsin employers may use discretion when considering applicants with criminal histories, but few are willing to overlook a DUI for roles involving driving or the care of others. In certain industries, a DUI can automatically disqualify an applicant due to regulatory requirements.
Professional licensing boards—including those for nurses, teachers, and commercial drivers—can deny, revoke, or suspend your credentials if you have a DUI. A first conviction can disrupt or even end careers before they start. Additionally, a DUI conviction can affect immigration status, child custody, security clearances, and access to military or government jobs. As more organizations conduct thorough digital background checks, the consequences of a lasting DUI conviction continue to grow, making it even more critical to understand your record and potential obstacles early on.
What Alternatives Exist if DUI Expungement Is Not Possible in Wisconsin?
For people who do not qualify for DUI expungement, there are still some alternative legal options, but each comes with its own limits and requirements. The most recognized form of relief is a gubernatorial pardon, which only the Governor of Wisconsin can grant. Obtaining a pardon involves a detailed application process and often a waiting period of five years or more since the end of your sentence. While pardons are infrequent, a successful pardon can restore many of the rights lost due to a DUI conviction, such as eligibility for certain jobs and professional licenses.
Another possibility is challenging the underlying conviction through post-conviction motions. This process is usually only available in cases where new evidence arises, legal errors occurred, or prior counsel was ineffective. These motions involve strict filing deadlines and substantial legal work. If you were never actually convicted—such as if your case was dismissed or you were acquitted—you may be able to pursue removal or correction of public records, but this process is separate from standard expungement and can be complex and slow.
Sentence modifications or adjustments may also be available under limited circumstances, particularly if you can demonstrate a compelling change in circumstances or legal error. These adjustments can sometimes reduce the impact of the sentence, but they do not erase the original conviction from your record. Working with a knowledgeable and compassionate attorney can help you determine if these or other rare alternatives might be appropriate, taking into account the specific facts of your case and your personal goals for the future.
Can You Hide or Restrict a Wisconsin DUI from Public View in Any Other Way?
Once a DUI conviction appears on your Wisconsin record, the state does not offer a process to seal or hide the record from public view for adult cases. Court records remain accessible through Wisconsin’s Consolidated Court Automation Programs (CCAP) and other online resources. This includes dismissed charges and citations, unless proactively removed through a separate court order addressing non-conviction records or record errors. These special petitions are not available for completed DUI convictions.
Some online data brokers and non-government background check services may allow you to request removal from their private databases. However, these actions do not affect official public court or Department of Transportation records. Anyone running a formal background check for employment, housing, or licensing will be able to access your OWI history. Even minor or decades-old DUI convictions will appear unless there is a successful application for pardon or court-ordered correction of a major clerical mistake—a rare occurrence in DUI cases.
There are limited legal remedies for removing false or inaccurate records, such as filing a petition for declaratory relief or asking a court to correct administrative errors. Yet these remedies are only appropriate for truly mistaken records, not for valid DUI convictions. The result is that, for most adults, a Wisconsin DUI will remain accessible to the public and to most employers, which is why a personalized legal strategy focused on your goals and circumstances is so important.
What Are the Long-Term Effects of a Wisconsin DUI Conviction?
DUI convictions in Wisconsin carry significant long-term consequences that extend far beyond court-ordered penalties. Insurance companies routinely raise rates—often significantly—after an OWI, and these costs can remain high for several years. Some drivers may even have difficulty finding insurance at all, which creates additional financial and practical burdens long after their case is closed.
Travel limitations may appear after a DUI. For instance, countries like Canada may bar entry to travelers with any OWI conviction, even if it happened years prior. These travel restrictions can affect job opportunities and personal plans, especially for those who work in industries requiring international travel. Security clearances for sensitive positions, whether in government or private industry, often become much harder to obtain with a DUI on your record due to heightened background check requirements.
Repeat offenses carry increasingly severe legal and personal penalties. While first-offense OWIs in Wisconsin are often civil violations, a second or third OWI quickly becomes a criminal matter, with the risk of jail time, higher fines, and lengthy license suspensions. A felony-level OWI can even result in the loss of civil rights, such as voting and firearm ownership. The compounding effect of multiple DUI convictions demonstrates why taking steps to address the long-term effects—and seeking legal advice early—is essential for protecting your future.
Common Myths and Misunderstandings About Expunging a Wisconsin DUI
Many Wisconsin residents believe that all misdemeanors can eventually be expunged, or that waiting a certain number of years leads to automatic record clearing. Unfortunately, neither of these assumptions is correct, especially for DUI offenses. The law intentionally excludes OWI-related convictions from adult expungement. Waiting out the record does not make a DUI conviction disappear, and it will continue to appear on both driving and criminal records.
Another widespread myth is that if a charge is dismissed, any record of the incident is wiped clean. In reality, arrest and court records associated with the charge often remain public in Wisconsin. These non-conviction records can only be suppressed or corrected through a separate petition, and no automatic mechanism exists to erase them. This can surprise people who believe their clear case history no longer affects their chances of employment or other opportunities.
Finally, some believe that an expunged record is invisible to everyone, including government and licensing bodies. While expungement can help open doors, sensitive industries may still have access to sealed files under certain circumstances, and the stigma can linger. By understanding the real rules, you can set realistic expectations and pursue proactive solutions that are legally sound and personally meaningful.
The Value of a Personalized Legal Defense for DUI Record Issues
The path forward after a DUI conviction can seem overwhelming. At Ritter Law Office, LLP, we believe every client deserves a clear, detailed assessment based on their unique circumstances—not just a summary of what the law says. We review your record, analyze court documents, and look for opportunities that fit your priorities. Our approach is personal and supportive. We make sure you understand the precise rules in Wisconsin: whether expungement, correction, or pardon is possible for your situation, and what to expect at each stage.
Navigating court forms, petitioning for relief, or responding to denials from employers and licensing boards can be stressful and confusing. Our team works to remove that confusion with honest, step-by-step communication. We focus on practical solutions and straight talk—not empty promises—so you know what your real options are. When you choose Ritter Law Office, LLP, you benefit from decades of Milwaukee criminal defense experience and a team that values each client’s voice, background, and long-term well-being.
We offer fee transparency and flexible payment options, ensuring that finances never stand in the way of pursuing your future. Because we know the local courts and how Wisconsin authorities approach DUI cases, we bring insights to your case that go beyond the letter of the law. Whether your goal is to minimize harm to your reputation, explore rare relief options, or simply clarify what’s in your records, we are committed to guiding you personally—so you never have to navigate these challenging issues alone.
Practical Next Steps if You Have a Wisconsin DUI on Your Record
If you hope to improve your future after a DUI conviction, start by gathering your full driving and criminal records and reviewing all court documents for errors or outdated information. This gives you a foundation for understanding what will appear in any background check, and helps your attorney assess potential next steps. Organize your paperwork—including citations, orders, and proof of completed sentences—to make the process faster and less stressful.
After completing this review, reach out to discuss your circumstances with a defense attorney who knows Wisconsin DUI expungement laws. Even if expungement is not available, a skilled legal team may uncover other options, like record corrections or help with preparing a pardon application. Knowing the details of your case makes a difference—and a well-informed strategy can help you preserve opportunities you might otherwise lose. At Ritter Law Office, LLP, we are committed to providing answers that fit your life, not just your record.
If you want to talk to someone who will listen, explain your rights, and explore every available path with you, call us at (414) 441-4321.