State Codes and Statutes

Statutes > Wisconsin > 304 > 304.078

304.078

304.078 Restoration of civil rights of convicted persons.

304.078(1)

(1) In this section:

304.078(1)(a)

(a) "Imprisonment" includes parole and extended supervision.

304.078(1)(b)

(b) "Jailer" has the meaning given in s. 302.372 (1) (b).

304.078(2)

(2) Except as provided in sub. (3), every person who is convicted of a crime obtains a restoration of his or her civil rights by serving out his or her term of imprisonment or otherwise satisfying his or her sentence. The certificate of the department or other responsible supervising agency that a convicted person has served his or her sentence or otherwise satisfied the judgment against him or her is evidence of that fact and that the person is restored to his or her civil rights. The department or other agency shall list in the person's certificate rights which have been restored and which have not been restored. Persons who served out their terms of imprisonment or otherwise satisfied their sentences prior to August 14, 1947, are likewise restored to their civil rights from and after September 25, 1959.

304.078(3)

(3) If a person is disqualified from voting under s. 6.03 (1) (b), his or her right to vote is restored when he or she completes the term of imprisonment or probation for the crime that led to the disqualification. The department or, if the person is sentenced to a county jail or house of correction, the jailer shall inform the person in writing at the time his or her right to vote is restored under this subsection.

304.078 - ANNOT.

History: 1987 a. 226; 1989 a. 31 s. 1706; Stats. 1989 s. 304.078; 2003 a. 121.

304.078 - ANNOT.

Restoration of civil rights is not a "pardon" for the purposes of liquor and cigarette license statutes. 60 Atty. Gen. 452.

304.078 - ANNOT.

A person convicted of a crime whose sentence has been satisfied may vote. 61 Atty. Gen. 260.

304.078 - ANNOT.

A convicted felon whose civil rights have been restored pursuant to 57.078 [now 304.078] is barred from the office of notary public unless he or she has been pardoned. 63 Atty. Gen. 74.

304.078 - ANNOT.

The operation of this section on a prior conviction is irrelevant to a conviction for which a prior conviction is a predicate. Roehl v. U.S. 977 F.2d 375 (1992).