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  1. #1

    Default Petty Theft Consequences

    My question involves criminal law for the state of: Wisconsin, USA

    Age: 19

    Last year in September, I was caught stealing cash from a roommate. The total amount was $67. I was given a citation for petty theft and appeared in the courthouse to give my plea on the printed date on the citation paper. I pled Not Guilty and tried to explain my situation, but I received a sentence of pleading No Contest and was found Guilty. I was charged a fine of $250 which I paid in full by the deadline.

    1. Would this be considered a crime, misdemeanor, or something else?
    2. If asked on job applications if I've ever been convicted of a crime, would I say yes or no?
    3. Would this appear on background checks?
    4. Is there a way I can have this expunged/sealed/dismissed? What are the rules for having this done?

    Please help me; I'm scared.
    Thank you all.

    -anonymously yours

  2. #2
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    Default Re: Petty Theft Consequences

    Start by reading this.

    A conviction under Wisconsin Statutes, Sec. 943.20(3)(a), theft < $2,500, is a Class A misdemeanor.

    Given that a "no contest" plea is treated by the court as a guilty plea, it is hardly a surprise that you were convicted as a result of your plea.

    In Wisconsin, as long as an employer or prospective employer makes it clear that any pending charges or criminal convictions will only be given consideration only if the offenses are substantially related to the job at issue, the employer may ask about both pending charges and convictions.

    When you are convicted of a crime, the honest answer to the question, "Have you been convicted of a crime" is "Yes".

    You can expect criminal convictions to show up on background checks -- possibly even after expungement. As for expungement, Wisconsin courts explain,
    Quote Quoting I don't want my criminal case on WCCA. How can I get it removed?
    Criminal cases are generally public information. Wisconsin law allows a judge to "expunge" a case in a limited number of situations:

    • Certain crimes committed by a person under 25. At sentencing, the judge may order that the record of the case be expunged upon successful completion of the sentence, for misdemeanors and certain H & I felonies. Upon successful completion, the clerk will expunge the record. See §973.015, Wis. Stats.
    • Victims of human trafficking. If a person commits a criminal sex act as a victim of human trafficking, the criminal case may be expunged. See §973.015(2), Wis. Stats.
    • Adjudication of a juvenile delinquent. A juvenile who has been adjudged delinquent can, upon reaching age 17, petition the judge to expunge the juvenile adjudication. See §938.355, Wis. Stats. WCCA does not display juvenile adjudications because juvenile cases are not open to the public.

    A judge has no other authority or power to expunge cases, and there are no similar provisions for other types of cases. An expunged case is sealed by the clerk of court and may be viewed only with a court order. Any reference to it will be removed from WCCA.

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