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Petition To Expunge Court Record Of Adjudication-Recommendation Of District Attorney JD-1780 - Wisconsin
| Petition To Expunge Court Record Of Adjudication-Recommendation Of District Attorney Form. This is a Wisconsin form and can be used in Juvenile Circuit Court Statewide . |
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FORM SUMMARY Name of Form: Petition to Expunge Court Record of Adjudication/Recommendation of District Attorney JD-1780 938.355(4m) JV 11 & 12 To provide a standardized form for requesting expunction of the court record of the adjudication. It also provides a means for the district attorney to make a recommendation on the petition prior to filing with the court. The party seeking the expungement will complete the top portion. That person would then transmit it to the district attorney for review and recommendation before filing with the court. Original is filed with the court. The person requesting the expungement may also wish to retain a copy, as may the district attorney. Generally none. Modification, last update 7/96. Added a file/date stamp to upper right corner. Added a statement on the bottom indicating that the form shall not be modified. A juvenile adjudicated delinquent after reaching age 17 may petition the court to expunge the record of the adjudication. The court may expunge the court's record of the adjudication if it finds that: · the provisions of the dispositional order have been satisfactorily completed; and, · the juvenile will benefit; and, · society will not be harmed by the expungement. To clarify what the current legal interpretation of what expunction means, paragraph one states in a bulleted format the actual effect of expunction. An issue may develop over the breadth of expunction. The statute refers merely to the "court's record of the juvenile's adjudication." Does the expunction order cover the entire record, including the petition, etc., or does everything else remain on file Date: 05/31/00 Page 1 American LegalNet, Inc. www.FormsWorkflow.com Form Number: Statutory Reference: Benchbook Reference: Purpose of Form: Who Completes It: Distribution of Form: Accompanying Forms: New Form/Modification: Modifications: Comments: except for the dispositional order? In the adult criminal code, the language of expunction is significantly different: "...the court may order ... that the record be expunged...." (§973.015) RMC has interpreted the adult expunction to refer to the entire record. RMC does not believe this broad interpretation can be applied to the juvenile code because of the limiting language. In juvenile matters, only the record of the adjudication is expunged. This would include: · the dispositional order (which is the formal document of adjudication), · minutes of the adjudication hearings, · court reports prepared for disposition, · extensions/revisions/changes of placement that refer to the adjudication, and, · other documents which refer to the adjudication. Although the statute does not provide any particular procedure to be followed, RMC believed it appropriate to place the burden on the petitioner to first obtain a recommendation from the district attorney as a representative of the public. If the district attorney does not oppose the recommendation, the court may choose to approve the petition without a hearing. If the district attorney opposes the recommendation, several alternatives may occur: · the petitioner may decide not to file the petition; · the court may choose to approve the petition notwithstanding the district attorney's objection; · the court may schedule a hearing. About this form: This form is the product of the Wisconsin Records Management Committee, a committee of the Director of State Court's Office and a mandate of the Wisconsin Judicial Conference. If you have additional information that does not change the meaning of the form, attach it on a separate page. The form itself shall not be altered. Date: 05/31/00 Page 2 American LegalNet, Inc. www.FormsWorkflow.com STATE OF WISCONSIN, CIRCUIT COURT, IN THE INTEREST OF COUNTY For Official Use Petition to Expunge Court Record of Adjudication/ Recommendation of District Attorney Name Case No. Date of Birth Under oath to tell the truth I state: 1. I am the person adjudicated delinquent in this case. I am asking that the court's record of my adjudication be expunged. I understand that if the record is expunged: · only the court record of the adjudication will be expunged; · other court records, records of the police, the Crime Information Bureau, and other law enforcement agencies, district attorney, or social services will not be affected; · expungement does not mean that the delinquency adjudication is vacated or set aside, only that no record of the adjudication will exist in this court's records. 2. I am now 17 years of age or older. 3. I have satisfactorily completed all provisions of the court's dispositional order in this case, including any revisions or modifications of same. 4. Society will not be harmed by granting my request to expunge the record of the adjudication 5. It will benefit me to have the record of the adjudication expunged. Subscribed and sworn to before me on Signature of Petitioner Notary Public, State of Wisconsin Name Printed or Typed My commission expires: Instruction to petitioner: Before filing with the court, please have the district attorney involved in your case complete the recommendation below. Depending on the district attorney's recommendation, the court may or may not schedule a hearing in this matter before making a decision. Recommendation of District Attorney 1. 2. I support the petition. I object to the petition and request that this matter be set for a hearing on the petition. Signature of District Attorney Distribution: 1. Original - Court 2. Petitioner 3. District Attorney Date JD-1780, 05/00 Petition to Expunge Court Record of Adjudication/Recommendation of District Attorney §938.355(4m), Wisconsin Statutes American LegalNet, Inc. www.FormsWorkflow.com This form shall not be modified. It may be supplemented with additional material.
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