Wisconsin Statutes
Wis. Stat. § 938.35 (2026)
Effect of judgment and disposition
✓ current as of July 2026
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938.35(1)(1) Effect and admissibility of judgment. The court shall enter a judgment setting forth the court’s findings and disposition in the proceeding. A judgment in a proceeding on a petition under this chapter is not a conviction of a crime, does not impose any civil disabilities ordinarily resulting from the conviction of a crime and does not operate to disqualify the juvenile in any civil service application or appointment. The disposition of a juvenile, and any record of evidence given in a hearing in court, is not admissible as evidence against the juvenile in any case or proceeding in any other court except for the following:
938.35(1)(a)(a) In sentencing proceedings after conviction of a felony or misdemeanor and then only for the purpose of a presentence investigation.
938.35(1)(b)(b) In a proceeding in any court assigned to exercise jurisdiction under this chapter and ch. 48.
938.35(1)(c)(c) In a court of civil or criminal jurisdiction while it is exercising jurisdiction over an action affecting the family and is considering the custody of a juvenile.
938.35(1)(cm)(cm) In a court of civil or criminal jurisdiction for purposes of setting bail under ch. 969 or impeaching a witness under s. 906.09.
938.35(1)(d)(d) The fact that a juvenile has been adjudged delinquent on the basis of unlawfully and intentionally killing a person is admissible for the purpose of s. 854.14 (5) (b).
938.35(1m)(1m) Future criminal proceedings barred. Disposition by the court assigned to exercise jurisdiction under this chapter and ch. 48 of any allegation under s. 938.12 or 938.13 (12) shall bar any future proceeding on the same matter in criminal court when the juvenile attains 17 years of age. This subsection does not affect proceedings in criminal court that have been transferred under s. 938.18.
938.35(2)(2) Court disclosure of information. Except under sub. (1), this section does not preclude the court from disclosing information to qualified persons if the court considers the disclosure to be in the best interests of the juvenile or of the administration of justice.
938.35 AnnotationIf evidence of a prior rape is introduced at a rape trial to prove identity, testimony of the prior rape victim is admissible notwithstanding that the defendant was tried as a juvenile for the prior rape. Sanford v. State, 76 Wis. 2d 72, 250 N.W.2d 348 (1977).
938.35 AnnotationInferential impeachment; the presence of parole officers at subsequent juvenile adjudications. O’Donnell. 55 MLR 349.
938.35 NoteNOTE: The above annotations cite to s. 48.35, the predecessor statute to s. 938.35.
Notes of Decisions
Cited in 10
cases, 1998–2019 · leading case: State v. Hezzie R., 580 N.W.2d 660 (Wis. 1998).
State v. Hezzie R., 580 N.W.2d 660 (Wis. 1998). “Wis. Stat. § 938.35 (1). *877 ¶ 39. Notwithstanding these provisions in the JJC, the juveniles in this case premise their constitutional challenges on the assertion that the JJC is not a juvenile code but is, for all intents and purposes, a "criminal code.”
State v. Matthew A.B., 605 N.W.2d 598 (Wis. Ct. App. 1999). “980 proceedings, the legislature repealed Wis. Stat. § 938.35 (1) by implication," is not favored in Wisconsin law.”
State v. Leitner, 2002 WI 77 (Wis. 2002). “We agree with the State that given the numerous lands of records referred to in chapter 938, it is not surprising that chapter 938 provisions, such as § 938.35(4m), are especially attuned to particular records.”
State v. Aufderhaar, 2005 WI 108 (Wis. 2005). “" The United States Supreme Court has stated: [T]he juvenile court proceeding has not yet been held to be a "criminal prosecution," within the meaning and reach of the Sixth Amendment, and also has not yet been *350 regarded as devoid of criminal aspects merely because it…”
State v. Wolfe, 2001 WI App 136 (Wis. Ct. App. 2001). “Wis. Stat. § 938.35 (1). Generally, juvenile delinquency proceedings are not criminal proceedings, State v.”
United States v. Orona, 724 F.3d 1297 (10th Cir. 2013). “33, § 5117(b)(1)(C) (permitting the use of juvenile adjudication records by a “court in which a person is convicted of a criminal offense for the purpose of imposing sentence upon or supervising the person”); Wis. Stat. § 938.35 (prior juvenile adjudication records may be…”
State v. Stephen T., 2002 WI App 3 (Wis. Ct. App. 2001). “Wis. Stat. § 938.35 (1). Nonetheless, the juvenile justice system takes on the character of "crime and punishment" because of the consequences of the juvenile disposition which may include social stigma, dissemination of juvenile records to school and law enforcement…”
State v. Hinkle, 921 N.W.2d 219 (Wis. Ct. App. 2018). “§ 938.35(1)(b) provides that "[t]he disposition of a juvenile, and any record of evidence given in a hearing in court, is not admissible as evidence against the juvenile in any case or proceeding in any other court except" "[i]n a proceeding in any court assigned to exercise…”
State v. Matthew C. Hinkle (Wis. 2019). “§ 938.35 (1) requires "[t]he court" to enter a judgment setting forth "the court's" finding and disposition in the proceeding, and § 938.”
Apkarian, Quentin v. Mcallister (W.D. Wis. 2019). “” See Wis. Stat. § 938.35 (1). Claims by prisoners who are not convicted—such as pretrial detainees or civilly committed sex offenders under Wis.”
— Wis. Stat. § 938.35(1) — 1 case
State v. Matthew A.B., 605 N.W.2d 598 (Wis. Ct. App. 1999). “980 proceedings, the legislature repealed Wis. Stat. § 938.35 (1) by implication," is not favored in Wisconsin law.”
— Wis. Stat. § 938.35(1)(b) — 2 cases
State v. Hinkle, 921 N.W.2d 219 (Wis. Ct. App. 2018). “§ 938.35(1)(b) provides that "[t]he disposition of a juvenile, and any record of evidence given in a hearing in court, is not admissible as evidence against the juvenile in any case or proceeding in any other court except" "[i]n a proceeding in any court assigned to exercise…”
State v. Matthew C. Hinkle (Wis. 2019). “§ 938.35 (1) requires "[t]he court" to enter a judgment setting forth "the court's" finding and disposition in the proceeding, and § 938.”
— Wis. Stat. § 938.35(4m) — 1 case
State v. Leitner, 2002 WI 77 (Wis. 2002). “We agree with the State that given the numerous lands of records referred to in chapter 938, it is not surprising that chapter 938 provisions, such as § 938.35(4m), are especially attuned to particular records.”
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