Wisconsin Department of Justice Identification Manual - Imprimus ...

No record by name, fingerprints unacceptable for search
and retention
Cause:
Solution:
Fingerprints submitted are of poor quality and may relate to one or more of the
reasons listed above.
The CIB always conducts a file search by name in order to determine if the
person has been previously fingerprinted and assigned a State Identification
Number (SID). If a "name hit" occurs, comparison of impressions and positive
identification can usually be established. Therefore, most technical returns are
made when the person does not have a SID and a complete and accurate coding
of the fingerprints must be determined for file in the AFIS data base.
Disposition/Photo Return Form
A quality control check of disposition data is required at CIB prior to the record
being updated. If a return becomes necessary, CIB utilizes form DJ-LE-256, and
returns the disposition to the submitting agency.
Common types of returns are:
• Charge/date of arrest/contributing agency omitted.
• Disposition omitted/not a final disposition/or illegible.
• Unable to locate person. Card not received or has been returned.
Please submit..
Special Disposition/Conditional Probation
Wisconsin Statute 973.015 (1) states, "When a person under the age of 21 at the time
of the commission of an offense for which the person has been found guilty in a
court for violation of a law for which the maximum penalty is imprisonment for one
year or less in the county jail, the court may order at the time of sentencing that the
record be expunged upon successful completion of the sentence if the court
determines the person will benefit and society will not be harmed by this
disposition." The Supreme Court Decision, "In the Interest of E.C. 130 Wis. 2nd
376," has determined that s. 973.015 applies only to "court records" and the court
states, "In sec. 973.015 (1), the legislature has determined that the only records
which may be expunged are court records resulting from a misdemeanor conviction
when the person was under the age of 21 at the time of the commission of the
offense. In this situation, the court may expunge only the court records and then,
only if the court determines that the person will benefit and society will not be
harmed by this disposition."
The case also discusses charges against juveniles and, in so doing, defines
"expunction" in relationship to those charges as: "...that information regarding the
charges against juveniles would be placed in a sealed envelope which would be kept
in a separate, private location and could not be viewed by anyone except on order of
the court.... Expunction does not require destruction of the juvenile records." This
definition of expunction would logically apply to all records, not only those that are
juvenile.
Consistent with this decision, the CIB and local law enforcement agencies have no
responsibilities with regard to s. 973.015. When the CIB receives notification of an
adjudication consistent with s. 973.015, the record will be modified to indicate that
Wisconsin Department of Justice Identification Manual Special Forms • 61