State v. Hemp

CURLEY, EJ.

¶ 19. (dissenting). I respectfully dissent. Both the trial court and the Majority believe that Hemp was responsible for getting the information concerning his successful completion of probation to the trial court and that the trial court retained discretion to deny the expungement. I disagree with both propositions. Wisconsin Stat. § 973.015, the statute in question, is an outlier. It requires the trial court to determine at the time of sentencing whether the criminal record should be expunged after the successful completion of *158the sentence. Although the better public policy and…