Wisconsin Department of Justice Identification Manual - Imprimus ...

Most of Wisconsin's circuit courts now contribute final disposition reports
electronically through CCAP. This disposition information is then passed to the state
courts, and forwarded to CIB via a server interface.
Once CIB receives these electronic dispositions, a number of edit checks are
performed to ensure the quality of the data before it's posting to the criminal history
database. CIB verifies arrest charges and a set of fingerprints exist for this
disposition and proceed to posting the disposition to the arrest event.
If no fingerprint card exists, the disposition report will queue to error and must be
manually reconciled through a similar process used for paper dispositions without
fingerprint cards.
Conditional Discharge for Possession of Controlled
Substance
By statute, Clerks of Court are required to notify the CIB of all probationary
conditional discharges for first offenders charged with possession of a controlled
substance. It is required that the CIB maintain accurate, up-to-date information for
all probation reports under Wisconsin Statute 961.47 (1) and (2).
Subsection (1) of this law provides for the conditions under which the court may
grant a probationary period for first offenders.
961.47 (1) Whenever any person who has not previously been convicted of any
offense under this chapter, or of any offense under any statute of the United States or
of any state or of any county ordinance relating to controlled substances or
controlled substance analogs, narcotic drugs, marijuana or stimulant, depressant or
hallucinogenic drugs, pleads guilty to or is found guilty of possession or attempted
possession of a controlled substance or controlled substance analog under s. 961.41
(3g) (b), the court, without entering a judgment of guilt and with the consent of the
accused, may defer further proceedings and place him or her on probation upon
terms and conditions. Upon violation of a term or condition, the court may enter an
adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the
terms and conditions, the court shall discharge the person and dismiss the
proceedings against him or her. Discharge and dismissal under this section shall be
without adjudication of guilt and is not a conviction for purposes of disqualifications
or disabilities imposed by law upon conviction of a crime, including the additional
penalties imposed for 2nd or subsequent convictions under s. 961.48. There may be
only one discharge and dismissal under this section with respect to any person.
NOTE: Because there may be only one discharge and dismissal under this section
with respect to any person, the fingerprint record is not eligible for expunction
pursuant to s. 165.84 (1).
Pursuant to s. 961.47 (1), only those individuals convicted under s. 961.41 (3g) (b)
are eligible for this disposition. The statutory additions of s. 961.41 (3g) (c), 961.41
(3g) (d), and 961.41 (3g) (e) were made without amending s. 961.47 (1) and are
therefore not eligible for this disposition. The Crime Information Bureau will
continue to process those dispositions that qualify under s. 961.47 (1). Final
dispositions which do not qualify will be returned to the submitting agency for
clarification.
Subsection (2) of s. 961.47 requires that all Clerks of Court shall give notification
within 20 days after probation has been granted.
(2) Within 20 days after probation is granted under this section, the clerk of court
shall notify the Division of Law Enforcement Services (Crime Information Bureau) in
Wisconsin Department of Justice Identification Manual Final Dispositions • 50