The Goyke Report - Legislative Alert!

 


Friends and Neighbors,

 

I am writing to alert you to a very important piece of legislation that I am co-authoring with my colleague, State Rep. David Steffen (R-Green Bay), that is a comprehensive reform to Wisconsin's long outdated expungement law.

 

Over the course of the last year, I have worked with my colleagues, on both sides of the aisle, on the details and merits of this legislation. I am excited to report that this bi-partisan piece of legislation was circulated for co-sponsorship yesterday and we are optimistic about its prospects moving forward. A detailed breakdown of the legislation is below and I welcome any feedback or questions you may have.


As always, please let me know if I can be of any assistance to you.

 

All the best,



Evan Goyke
State Representative
18th Assembly District

 


 

Rep. Goyke working with a colleague on the floor of the State Assembly

 "Pathways to Employment for Youthful Offenders"

This bipartisan legislation provides comprehensive reform to Wisconsin’s outdated and inconsistent expungement law and is an important step in connecting employers in need with potential employees who are looking to overcome their past and find success in the workforce.

Wisconsin is the only state in America that limits an individual's opportunity to ask for expungment to the sentencing hearing.  Under our current law, a second chance is out of reach for too many. This proposal removes this requirement and allows individuals to apply for expungment after they have successfully completed the sentence.  The result is a process that encourages rehabilitation and rewards it.  The proposal also gives clarity to job seekers and employers on how to handle an expunged record, opening more pathways to employment for individuals that have earned a second chance. 

The need for this change is great.  Far too many of our neighbors and friends are forever outside of the workforce looking in, barred by an outdated criminal conviction.  Below are some startling truths about the impact of a criminal conviction and a demonstration of the need for change.

Specifically, the legislation will:


1. Inform youthful offenders of their expungement options and eligibility.

- Many youthful offenders (ages 17-25) are unaware of their expungement eligibility, resulting in a missed opportunity to petition for the expungement of their record. This bill requires that youthful offenders who are eligible for expungement be notified of their expungement options at time of sentencing.

2. Eliminate the state mandate on judges to grant/deny expungement at the time of sentencing.

- Under current law, Wisconsin judges are denied the opportunity to re-evaluate a youthful offender’s growth and development in a post-sentence hearing. This bill allows judges to approve (or deny) an expungement petition at the completion of the youthful offender’s sentence.

3. Provide employers and employees with clarity and certainty in regards to criminal background disclosures on employment applications.

- Current law is very ambiguous on the matter of disclosure requirements relating to expunged records. This bill clarifies this matter so that employees and employers have a clear understanding of their respective requirements.

4. Create public access parity between the two Wisconsin administered criminal records databases (CCAP and CIB).

- Currently, expunged records are not accessible to the public on Wisconsin’s most well-known criminal background system—CCAP. However, the same records are viewable under a second, subscriber based database called the Crime Information Bureau (CIB). By removing public access from only one of the two databases, employers and others can still view expunged records. This situation has created concerns and confusion among those with expunged records, as well as employers who are often compelled to perform multiple background checks (CCAP and CIB) and receive inconsistent information between the two databases. This bill ensures public-access parity between CCAP and CIB as it relates to accessing expunged records. Expunged records in the CIB would still be accessible to law enforcement and other members of the criminal justice system, just as they are now.

 

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