Is a Doctor Required to Disclose an Alford Plea in Wisconsin?
Full Question:
Answer:
The answer will depend on the nature of the charge and whether the conviction was expunged. If a conviction is expunged, it is possible to truthfully answer no when asked if ever convicted of a crime. Convictions of crimes or pending charges may be grounds for denial of license if the circumstances of the conviction or charge are substantially related to professional practice per Wis Statute 111.31.
Wisconsin Statute Sec. 973.015 has been recently amended to allow expungement for persons convicted of all misdemeanors and certain felonies, if the defendant was under twenty-five years of age at the time of the offense. Whether expungement will be awarded is normally discussed at the time of the sentencing. However, expungement is possible even when it was not discussed at the sentencing hearing.
Please see the following WI statutes:
111.31 Declaration of policy. (1) The legislature finds that
the practice of unfair discrimination in employment against properly
qualified individuals by reason of their age, race, creed, color,
disability, marital status, sex, national origin, ancestry, sexual orientation,
arrest record, conviction record, military service, use or
nonuse of lawful products off the employer’s premises during
nonworking hours, or declining to attend a meeting or to participate
in any communication about religious matters or political
matters, substantially and adversely affects the general welfare of
the state. Employers, labor organizations, employment agencies,
and licensing agencies that deny employment opportunities and
discriminate in employment against properly qualified individuals
solely because of their age, race, creed, color, disability, marital
status, sex, national origin, ancestry, sexual orientation, arrest
record, conviction record, military service, use or nonuse of lawful
products off the employer’s premises during nonworking
hours, or declining to attend a meeting or to participate in any
communication about religious matters or political matters,
deprive those individuals of the earnings that are necessary to
maintain a just and decent standard of living.
(2) It is the intent of the legislature to protect by law the rights
of all individuals to obtain gainful employment and to enjoy privileges
free from employment discrimination because of age, race,
creed, color, disability, marital status, sex, national origin, ancestry,
sexual orientation, arrest record, conviction record, military
service, use or nonuse of lawful products off the employer’s premises
during nonworking hours, or declining to attend a meeting or
to participate in any communication about religious matters or
political matters, and to encourage the full, nondiscriminatory utilization
of the productive resources of the state to the benefit of the
state, the family, and all the people of the state. It is the intent of
the legislature in promulgating this subchapter to encourage
employers to evaluate an employee or applicant for employment
based upon the individual qualifications of the employee or applicant
rather than upon a particular class to which the individual
may belong.
(3) In the interpretation and application of this subchapter, and
otherwise, it is declared to be the public policy of the state to
encourage and foster to the fullest extent practicable the employment
of all properly qualified individuals regardless of age, race,
creed, color, disability, marital status, sex, national origin, ancestry,
sexual orientation, arrest record, conviction record, military
service, use or nonuse of lawful products off the employer’s premises
during nonworking hours, or declining to attend a meeting or
to participate in any communication about religious matters or
political matters. Nothing in this subsection requires an affirmative
action program to correct an imbalance in the work force.
This subchapter shall be liberally construed for the accomplishment
of this purpose.
(4) The practice of requiring employees or prospective
employees to submit to a test administered by means of a lie detector,
as defined in s. 111.37 (1) (b), is unfair, the practice of requesting
employees and prospective employees to submit to such a test
without providing safeguards for the test subjects is unfair, and the
use of improper tests and testing procedures causes injury to the
employees and prospective employees.
(5) The legislature finds that the prohibition of discrimination
on the basis of creed under s. 111.337 is a matter of statewide concern,
requiring uniform enforcement at state, county and municipal
levels.
973.015 Special disposition.
(1)(b)
(b) The court shall order at the time of sentencing that the record be expunged upon successful completion of the sentence if the offense was a violation of s. 942.08 (2) (b), (c), or (d), and the person was under the age of 18 when he or she committed it.
973.015
973.015 (1)(c)
(c) No court may order that a record of a conviction for any of the following be expunged:
973.015
973.015 (1)(c)1.
1. A Class H felony, if the person has, in his or her lifetime, been convicted of a prior felony offense, or if the felony is a violent offense, as defined in s. 301.048 (2) (bm), or is a violation of s. 940.32, 948.03 (2) or (3), or 948.095.
973.015
973.015 Special disposition.
973.015
973.015 (1)
(1)
973.015
973.015 (1)(a)
(a) Subject to par. (b) and except as provided in par. (c), when a person is under the age of 25 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 period of imprisonment is 6 years or less, 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. This subsection does not apply to information maintained by the department of transportation regarding a conviction that is required to be included in a record kept under s. 343.23 (2) (a).
973.015
973.015 (1)(b)
(b) The court shall order at the time of sentencing that the record be expunged upon successful completion of the sentence if the offense was a violation of s. 942.08 (2) (b), (c), or (d), and the person was under the age of 18 when he or she committed it.
973.015
973.015 (1)(c)
(c) No court may order that a record of a conviction for any of the following be expunged:
973.015
973.015 (1)(c)1.
1. A Class H felony, if the person has, in his or her lifetime, been convicted of a prior felony offense, or if the felony is a violent offense, as defined in s. 301.048 (2) (bm), or is a violation of s. 940.32, 948.03 (2) or (3), or 948.095.
973.015
973.015
973.015 (1)(c)2.
2. A Class I felony, if the person has, in his or her lifetime, been convicted of a prior felony offense, or if the felony is a violent offense, as defined in s. 301.048 (2) (bm), or is a violation of s. 948.23.
973.015
973.015 (2)
(2) A person has successfully completed the sentence if the person has not been convicted of a subsequent offense and, if on probation, the probation has not been revoked and the probationer has satisfied the conditions of probation. Upon successful completion of the sentence the detaining or probationary authority shall issue a certificate of discharge which shall be forwarded to the court of record and which shall have the effect of expunging the record. If the person has been imprisoned, the detaining authority shall also forward a copy of the certificate of discharge to the department.
Please see the following to determine the classification of the felony:
http://nxt.legis.state.wi.us/nxt/gateway.dll?f=templates&fn=default.htm&d=stats&jd=961.41