Reopening and Vacating Municipal Court Convictions

When most people think about “convictions,” they picture criminal charges. But not all convictions are criminal. A conviction for violating a municipal ordinance, such as underage drinking, disorderly conduct, or certain traffic offenses, is classified as a civil forfeiture violation. 

On paper, these are “civil” cases. In practice, however, they are often described as “quasi-criminal.” That is because they cover a broad range of offenses and can still carry many of the same long-term consequences as criminal convictions. At the same time, because they are not technically “criminal prosecutions,” defendants do not always receive the same protections they would in criminal court. 

People charged with ordinance violations often go to court without a lawyer, negotiate directly with prosecutors, and resolve their cases without fully understanding the collateral consequences. What may seem like “just a ticket” can follow someone for years. For example, employers regularly ask about prior arrests and convictions and may reject applicants with even minor violations 

Wisconsin’s expungement law is narrow, and it does not apply to civil forfeiture violations. The Wisconsin Court of Appeals has explained that “the legislature simply provided no mechanism for expunction of a record following payment of a civil forfeiture.” Kenosha Cty. v. Frett, 2014 WI App 127, 359 Wis. 2d 246, 858 N.W.2d 397 

Although there is no formal expungement process, Wisconsin law does provide another avenue: a court may reopen and vacate a judgment in the interests of justice. See Wis. Stat. §§ 800.115(2) and Wis. Stat § 806.07(1)(h) 

When deciding whether to reopen a case, courts weigh fairness against the importance of finality. Factors that may strengthen a request include: 

• The conviction happened long ago, with no other issues since. 
• The person did not have a lawyer at the time. 
• The conviction resulted from a default judgment. 
• The record is now causing concrete hardships with employment, housing, or licensing. 
• The person has made significant accomplishments since the conviction. 

Ultimately, it is up to the judge’s discretion, and there are no guarantees. Still, for individuals facing barriers due to an old ordinance violation, this type of motion may provide the only chance to clear the record.  

For anyone dealing with these challenges, consulting an experienced attorney can help determine whether pursuing this relief makes sense and how best to present the case.