Lafayette County Circuit Court, Wisconsin Sealing & Redaction Procedures

CRITICAL

Before releasing qualifying serious-juvenile-offender records for inspection, the clerk must determine whether the specified offense is alleged and, if so, remove sensitive personal and family information or refer questions to the assigned judge.

Requests pursuant to §938.396(2m)(a): If a request is for access to juvenile court records made by any person under §938.396(2m)(a) for juveniles alleged to have committed an offense enumerated in §938.34(4h)(a) (Serious Juvenile Offender crimes), the juvenile court clerk shall before releasing the file for inspection: a. Determine if the juvenile is alleged to have committed a crime specified in §938.34(4h)(a), and, if so, b. Remove from the file all reports under §938.295 (physical, mental, psychological, or developmental examination reports) or §938.33 (court dispositional reports) or other records that deal with sensitive personal information of the juvenile and the juvenile's family. If the juvenile court clerk has questions concerning the appropriateness of releasing any information, the matter shall be referred to the judge assigned to the that case for a determination.

CRITICAL

When a juvenile-adjudication expunction petition is granted, the clerk must follow CCAP procedures to remove the adjudication from the computerized record and seal all documents referring to it inside the court file.

If the court grants the petition for expunction of the juvenile adjudication, the juvenile clerk shall: a. Follow standard CCAP procedures for removal of the adjudication from the computerized record; b. Seal inside the court file all documents referring to the adjudication, including but not limited to:  the dispositional order,  the dispositional court report,  all motions and orders concerning extensions, revisions, or changes of placement,  all petitions and orders for sanctions,  all minute sheets referring to the adjudication or other post-adjudication proceedings,  transcripts of court proceedings referring to the adjudication or other post- adjudication proceedings,  the petition and order for expunction.

CRITICAL

For qualifying felony-after-prior-adjudication records requests, the clerk must make the listed determinations and, if they are all satisfied, remove sensitive personal and family information before inspection or refer questions to the assigned judge.

Requests pursuant to §938.396(2m)(b): If a request is for access to juvenile court records of a juvenile alleged to be delinquent for committing a felony after a prior delinquency adjudication, the juvenile clerk shall: a. First, make all of the following determinations: • That the juvenile is currently charged with a felony, • That the juvenile was adjudicated delinquent for any crime at any time before the commencement of the felony proceeding, • That the previous adjudication remains of record and has not been reversed. b. Second, if all of the above have been found to exist, the juvenile clerk before releasing the file for inspection shall remove from the file all reports under §938.295 (physical, mental, psychological, or developmental examination reports) or §938.33 (court dispositional reports) or other records that deal with sensitive personal information of the juvenile and the juvenile's family. If the juvenile court clerk has questions concerning the appropriateness of releasing any information, the matter shall be referred to the judge assigned to the that case for a determination.

WARNING

For qualifying juvenile-record requests, the clerk must screen for imminent danger before release and, if concerned, refer the matter to the assigned judge or block out the potentially dangerous information; the requester may move the court to challenge the redaction.

If a request is made by a juvenile, parent, guardian or legal custodian under §§938.396(2)(ag) or (am), before release of any information requested the juvenile court clerk shall review the file and make an initial determination whether release of that information might result in imminent danger to anyone. If the juvenile court clerk believes such a result might occur, the juvenile court clerk shall either: a. Refer the matter to the judge assigned to that case for a determination as to whether a hearing shall be held on the release, or, b. Prepare a version of the information requested with the potentially dangerous information blocked out. The requester may bring a motion to the court if the requester believes the information should not have been blocked.