State v. Leitner

Summary

The Supreme Court of Wisconsin held that Wis. Stat. § 973.015 authorizes expunction of court records only and does not require district attorneys or law enforcement agencies to expunge records documenting the underlying facts of an expunged conviction. The court further held that a sentencing court may consider those underlying facts when sentencing an offender for a subsequent offense. The court affirmed the court of appeals.

Holdings

1. Wisconsin Statute section 973.015 authorizes expunction of court records only and does not require district attorneys or law enforcement agencies to expunge records documenting the facts underlying an expunged conviction.
2. Although a sentencing court may not consider the expunged court record of a prior conviction, it may consider information about the facts underlying that conviction when the information is maintained in governmental files and is otherwise relevant to sentencing.
3. The court may decide the merits of an otherwise potentially moot case when the issues are likely to arise again and should be resolved to avoid future uncertainty.

Questions Presented

1. Whether Wisconsin Statute section 973.015 requires district attorneys and law enforcement agencies to expunge records documenting the facts underlying a court record of a conviction expunged under that statute.
2. Whether a circuit court may consider, when sentencing an offender for a subsequent offense, the facts underlying a record of a conviction expunged under Wisconsin Statute section 973.015.
3. Whether the court should reach the merits despite the possibility that Leitner had completed his sentence and the case was moot.

Disposition

affirmed