Expungement of records

(1) Records of matters that are closed without investigation or dismissed shall be expunged from the files of the office of lawyer regulation three years following the end of the year in which the closure or dismissal occurred. (2) Upon written application to the board of administrative oversight, for good cause, and with written notice to the attorney and opportunity for the attorney to respond, the director may request that records that otherwise would be expunged under sub. (1) be retained for such additional period not to exceed three years as the board considers appropriate. The director may request further extensions of the period of retention when a previous request has been granted. (3) The attorney who was the subject of a matter or proceeding commenced under this chapter shall be given prompt written notice of the expungement of the record of the matter or proceeding. (4) The effect of expungement is that the matter or proceeding shall be considered never to have been commenced. In response to a general or specific inquiry concerning the existence of a matter or proceeding the record of which has been expunged, the director shall state that no record of the matter or proceeding exists. In response to an inquiry about a specific matter or proceeding the record of which has been expunged, the attorney who was the subject of the matter or proceeding may state that the matter or proceeding was closed or dismissed and that the record of the matter or proceeding was expunged pursuant to this rule. No further response to an inquiry into the nature or scope of a matter or proceeding the record of which has been expunged need be made by the director or by the attorney. CHARACTER AND FITNESS INVESTIGATIONS