Expunction of Misdemeanor Crimes Denied.

Byline: Derek Hawkins

WI Court of Appeals District III

Case Name: State of Wisconsin v. Kole R. Eichinger

Case No.: 2017AP1845-CR; 2017AP1846-CR; 2017AP1847-CR

Officials: HRUZ, J.

Focus: Expunction of Misdemeanor Crimes Denied

In these consolidated appeals, Kole Eichinger challenges the circuit court's 2017 order denying expunction of misdemeanor crimes to which he pleaded guilty in 2012. Well after he completed his applicable sentence, Eichinger moved the circuit court to expunge his record, believing he met the requirements of Wisconsin's expunction statute, WIS. STAT. 973.015. Of particular significance, the statute has a timing component that restricts when a court may grant expunction. According to the statute, a circuit court may only make an expunction decision at the time it imposes a defendant's sentence.

Eichinger presents unclear arguments that, in many ways, appear to be an attempt at challenging an alleged error made at sentencing, rather than addressing how the circuit court supposedly erred in its 2017 order denying his motion for...