Facing a drug charge in Wisconsin can feel overwhelming - even if you're never convicted. Whether you're in Milwaukee, Waukesha, or anywhere else in the state, it’s important to understand how drug-related arrests and charges could impact your future.
What Happens to Drug Charges After They're Dismissed?
Many people assume that if their case is dismissed, the issue disappears entirely. Unfortunately, that’s not always the case. Even without a conviction, the arrest can remain visible on public records. This means employers, landlords, and even universities might still be able to see that you were arrested — and that can create real challenges.
While being charged with a drug offense doesn't automatically mean you’re guilty, that record might still follow you unless you take action.
Can You Remove Drug Arrests From Public View?
Yes, in some cases, it’s possible to limit access to those records. Wisconsin residents who have had charges dismissed may be eligible to have the record sealed or even removed from certain databases.
Here’s how that works:
- You can request the court to seal parts of or the entire record related to your arrest. This requires filing a formal request and notifying everyone involved in your case. A judge may decide to hold a hearing before making a final decision.
- If successful, your record won’t be visible to the public, although some government agencies and employers in sensitive industries may still be able to access it.
- You may also submit a Fingerprint Record Removal Request to the Wisconsin Department of Justice. This request can help clear your fingerprints from the state’s criminal record system if your case was dismissed.
If you're dealing with the aftermath of a drug arrest, the Singleton Law Firm is here to help you explore these options and handle the legal steps involved.
Expungement Isn’t Guaranteed - Even If You’re Eligible
Wisconsin does allow for expungement in some cases, but there are strict conditions. You must have been under 25 at the time of the offense, and the crime must be punishable by six years or less in prison. Even then, a judge has the final say and can deny the request.
What complicates matters is how the justice system often views drug-related charges. Even if you weren’t convicted or served jail time, the system may still treat your case harshly, especially if there’s suspicion of dealing.
That’s why it’s crucial to have an attorney who understands how to present your case and counter assumptions that could affect your outcome.
Understanding Schedule II Drug Possession in Wisconsin
Possession of certain controlled substances, like methadone, cocaine, or Vicodin falls under the category of Schedule II drugs. Depending on the amount and circumstances, you could be facing either a misdemeanor or felony charge.
But it’s important to remember: a charge isn’t the same as a conviction. You still have legal options, and how your case unfolds can depend heavily on how it’s handled from the start.
Minimum Penalties for Drug Possession in Wisconsin
Every controlled substance carries its own set of consequences if you're convicted. Here are some examples of what someone might face:
- Marijuana (THC or synthetics) – Up to 6 months in jail and/or fines up to $1,000
- Cocaine – Up to 1 year in jail and/or a $5,000 fine
- Hallucinogens & stimulants – Similar penalties as cocaine
- Methamphetamine – Class I felony
- Ketamine and related substances – Class H felony
- Schedule I or II narcotics – Class I felony
- Other non-narcotic controlled substances – Usually charged as misdemeanors
These penalties can increase significantly if there’s any indication of intent to sell or distribute. Judges often use their own judgment when determining whether a case falls into that category.
If you're facing a drug charge or struggling with the impact of an old arrest, don’t wait. Contact The Singleton Law Firm today to talk about your options. We help clients in Milwaukee, Waukesha, and throughout Wisconsin protect their future and take control of their record.
Frequently Asked Questions
Will a possession charge show up on a background check?
That depends on where your case was handled. If it went through circuit court, it will likely appear on Wisconsin’s Circuit Court Access system (CCAP). Municipal court cases won’t show up there, but they can still be found during a thorough background screening since arrest records and police reports are still available.
A criminal background check might reveal:
- Prior convictions (felony or misdemeanor)
- Arrest history and current charges
- Court records and outcomes
- Sentencing information
What’s the minimum sentence for drug possession in Wisconsin?
Penalties vary depending on the type of drug, how much was involved, and whether you have prior offenses. For example:
- First-time marijuana possession may result in a fine and a short jail sentence.
- Possessing cocaine could lead to a year in jail and thousands in fines.
- More serious substances like meth or certain hallucinogens can result in felony charges.
Keep in mind that if the court thinks you intended to distribute the drug, the penalties can escalate fast.
Need help with a drug possession case or want to explore options to seal or expunge your record? Reach out to The Singleton Law Firm today. We’re here for individuals in Milwaukee, Waukesha, and across Wisconsin who want to protect their future.
