Pardons in Wisconsin

By PD Blogger | October 9, 2019

Wisconsin’s Governor has reinstated pardon review. Petit & Dommershausen, SC, offers a broad overview of the pardon process based on announced rules and governing law. Questions? Contact us today.

PARDON ELIGIBILITY

An individual is eligible for a pardon only if all of the following conditions apply to them:

  1. Must be for a felony conviction.
    1. However, if a secondary charge is a misdemeanor, it may be reviewed as well.
  2. A defendant must have completed the entire sentence at least five (5) years ago, meaning:
    1. Completed all periods of confinements; and
    2. All supervised release (i.e. probation, parole, and/or extended supervision).
  3. Has not been convicted of any new criminal offenses since completing the sentence and has no pending charges.
    1. This section includes convictions in jurisdictions outside of Wisconsin.
  4. Not currently required to register as a sex offense under Wis. Stat. § 301.45.

Must meet all of eligibility criteria or application will be denied.

Standard an Applicant Must Meet

The applicant must have a significant and documented need, such as:

  1. Employment related;
  2. Educational; and/or
  3. Job training.

Typically, it is inappropriate to apply for a pardon if (1) it is to clear one’s conscience or (2) reinstating one’s firearm rights.

  1. However, a Governor may review such cases if conviction is old and minor.
    1. Minor will depend on Governor’s interpretation of the crime.

Below is a non-exhaustive list of relevant factors when determining whether an application has a significant or documented need:

  1. Age
  2. Seriousness of conviction
  3. Extent of need
  4. Entire criminal record
  5. Applicant’s personal development since crime was committed; and
  6. Community or civic contributions since release.

Interested in learning more about applying for a pardon? Petit & Dommershausen, SC, is a Wisconsin law firm that can help. We regularly practice in Marinette County, Octonto County, Brown County, Door County, Kewaunee County, Outagamie County, Winnebago County, Waupaca County, Waushara County, Calumet County, Fond du Lac County, and Green Lake County. We offer convenient office locations in Appleton, Oshkosh, and Green Bay. We serve all of north east Wisconsin.

Posted in Criminal