State v. Matasek
Annotate this CaseDefendant pled no contest to the manufacture or delivery of THC. After announcing that it would place Defendant on probation, the circuit court declined defense counsel’s request to withhold its discretion on whether to expunge Defendant’s record until the end of the probationary period. In denying the request, the circuit court concluded that its decision whether to expunge an offender’s record must be made at the time of sentencing. The court of appeals affirmed. The Supreme Court affirmed, holding that, if a circuit court is going to exercise its discretion to expunge a record, the discretion must be exercised at the time of the sentencing proceeding.
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