State v. Kearney W. Hemp

Summary

The Wisconsin Supreme Court held that Kearney Hemp's successful completion of probation automatically entitled him to expungement because the circuit court had determined eligibility at sentencing. The court further held that the probationary authority, rather than the defendant, had the duty to forward the discharge certificate and that the circuit court could not later reverse its expungement determination.

Holdings

1. When a circuit court orders expungement upon successful completion of the sentence, a defendant who satisfies the statutory conditions for successful completion automatically earns and is entitled to expungement.
2. Wis. Stat. § 973.015 imposes no duty on the defendant to petition for expungement or to do so within a particular period. The detaining or probationary authority must issue and forward the certificate of discharge to the court of record, and that forwarding effectuates expungement.
3. The circuit court could not revisit or reverse its sentencing determination that Hemp was eligible for expungement upon successful completion of probation. After Hemp successfully completed probation, the court lacked discretion to deny expungement.

Questions Presented

1. Whether successful completion of probation automatically entitled Hemp to expungement when the circuit court had ordered expungement conditioned on successful completion of the sentence.
2. Whether Wis. Stat. § 973.015 imposed a time limit or required Hemp to petition the circuit court and forward his certificate of discharge to effectuate expungement.
3. Whether the circuit court could revisit and reverse its sentencing decision finding Hemp eligible for expungement after Hemp successfully completed probation.

Disposition

reversed_and_remanded