Wisconsin Criminal Records

Have you ever wondered what’s included in a Wisconsin criminal record, or how accessing these records can impact various aspects of life? Wisconsin criminal records offer valuable insight into an individual’s criminal history, covering details such as arrests, charges, convictions, and sentencing.

They are commonly used by employers, landlords, and individuals for background checks, and accessing them can be crucial when making decisions that require trust and security.

However, navigating Wisconsin criminal records can be challenging. Information may be scattered across different agencies, and not all records are easy to access or interpret. Privacy regulations can also restrict access to certain records, making it tough to get a full picture.

Additionally, errors in records or outdated information may complicate matters further, potentially impacting people’s employment, housing, or personal reputation.

Luckily, there are ways to overcome these obstacles. Resources and services, both governmental and third-party, can streamline the search process and help interpret results accurately.

Understanding the ins and outs of Wisconsin criminal records is essential for those conducting background checks or verifying personal information, helping to ensure informed and fair decision-making.

How Wisconsin Criminal Records Are Created

In Wisconsin, criminal records are generated through a structured process that involves multiple agencies and stages of legal proceedings. These records serve as official documentation of an individual’s encounters with the criminal justice system and are maintained by various law enforcement and government bodies. Here’s how the process works:

1. Arrest and Booking:
   The creation of a criminal record typically begins when an individual is arrested by law enforcement. During the booking process, police officers document personal information, fingerprints, and details of the alleged offense. This information is then entered into state and federal databases, including the Wisconsin Crime Information Bureau (WCIB), which is part of the Wisconsin Department of Justice.
2. Charges Filed:
   Once an individual is arrested, the district attorney (DA) may file formal charges against them based on the evidence available. These charges are recorded and become part of the criminal record, detailing the specific offenses an individual is accused of.
3. Court Proceedings:
   If the case proceeds to court, the outcome of the legal proceedings, including arraignments, hearings, trials, and sentencing, is recorded. This includes the filing of legal documents, motions, judgments, and the final verdict. If convicted, the court will note the details of the crime, any sentencing, and potential punishments (e.g., probation, imprisonment).
4. Conviction or Acquittal:
   If an individual is convicted, the conviction is added to the criminal record, outlining the offense(s), sentencing, and any legal ramifications such as fines, jail time, or parole. If the individual is acquitted or charges are dropped, that too is noted on the record, reflecting the outcome of the case.
5. Post-Conviction Documentation:
   Following conviction, if there are any appeals, sentence modifications, or other post-conviction processes, these changes are documented and updated on the individual’s criminal record. The record may also reflect any parole or probation status.
6. Database Entry and Public Record Maintenance:
   Once all the details of an individual’s criminal history are gathered, they are stored in databases maintained by state and federal agencies, including the FBI’s National Crime Information Center (NCIC). These records are accessible to law enforcement and, under certain conditions, to the public for background checks.

This multi-step process ensures that criminal records are comprehensive, providing a detailed history of an individual’s interaction with the justice system. The information is continually updated to reflect new charges, changes in sentencing, or the expungement of certain records.

How to Request a Criminal Record in Wisconsin

Requesting a criminal record in Wisconsin can be done through various methods, depending on who is requesting the information and the type of record being sought. Below is a step-by-step guide to requesting a criminal record in Wisconsin:

1. Determine Eligibility to Request a Criminal Record

• Personal Records: Individuals can request their own criminal records.
• Third-Party Records: Employers, landlords, and others may request criminal records of potential employees or tenants, but they need consent from the individual in most cases.
• Public Records: Some criminal records, especially those that are older or have been part of public legal proceedings, are available to the public.

2. Online Requests through the Wisconsin Department of Justice (DOJ)

• The Wisconsin Department of Justice (DOJ) provides an online system for individuals to request criminal records.
• The Wisconsin Crime Information Bureau (WCIB) offers a public access portal for background checks.
• Steps for Online Request:
  1. Visit the WCIB website.
  2. Create an account if necessary.
  3. Complete the online request form with personal details, such as full name, date of birth, and any other required information.
  4. Pay the associated fees (typically around $7 for a background check).
  5. Wait for the results, which may be available instantly or take a few days to process, depending on the request.

3. Mail-in Requests

• For those who prefer to request a criminal record by mail, individuals can submit a request directly to the Wisconsin Department of Justice – Crime Information Bureau (CIB).
• Steps for Mail Request:
  1. Obtain and complete the required forms from the DOJ website or by calling the WCIB.
  2. Provide identification documents (such as a valid driver’s license or state ID) to verify identity.
  3. Include the appropriate payment (check or money order) for the processing fee.
  4. Mail the completed form and payment to the DOJ at the designated address.
  5. Allow several weeks for processing.

4. In-Person Requests

• Individuals can visit the Wisconsin Department of Justice (DOJ) or local law enforcement agencies to request criminal records in person.
• Steps for In-Person Request:
  1. Visit the local law enforcement office or the DOJ’s office in Madison, WI.
  2. Provide valid identification, such as a driver’s license or state ID.
  3. Complete the required request form.
  4. Pay any applicable fees (credit card or money order).
  5. Records may be available immediately or within a few days, depending on the agency.

5. Requesting Records for a Third Party

• Employer/Background Check: If an employer or landlord requests a criminal background check on someone, they must have written consent from the individual whose record is being checked. This can be done through a background screening service that compiles criminal records, or they can directly request the record from the DOJ with the individual’s permission.
• Steps for Third-Party Requests:
  1. Obtain written consent from the individual whose record is being requested.
  2. Submit the consent form along with the request to the DOJ, either online, by mail, or in person.
  3. The request will be processed, and the employer or other entity will receive a report.

6. Expungement Requests

• If you are seeking to have your criminal record expunged (removed or sealed), you need to file a petition with the court where the conviction occurred. Expungement is not automatic and has specific eligibility requirements, typically for those who were convicted of non-violent crimes at a young age.
• Steps for Expungement:
  1. Check your eligibility for expungement.
  2. File a petition with the court where the conviction was made.
  3. Attend a hearing, if necessary.
  4. If granted, the court will order the expungement of your criminal record, and the DOJ will update their database.

7. Fees for Criminal Record Requests

• The cost of requesting a criminal record in Wisconsin can vary:
  • Online request: Typically $7 for a background check.
  • Mail-in or in-person requests: Fees may be similar, and processing times may vary.
  • Additional fees may apply for expedited services or special requests (e.g., detailed criminal history).

8. Processing Time

• Online Requests: These can often be processed within minutes to a few days.
• Mail-in Requests: Processing can take several weeks.
• In-Person Requests: Immediate or within a few days, depending on the agency.

9. Receiving the Criminal Record

• After processing, the criminal record is typically sent to the requester via mail, or it may be available for download through an online portal.
• The record will include details such as arrest history, charges, convictions, and sentences (if applicable).

How Long Do Criminal Records Stay on File in Wisconsin

In Wisconsin, criminal records are typically maintained indefinitely, meaning they stay on file for life unless specific actions are taken to seal or expunge the record. The retention of criminal records plays a critical role in the state’s justice system, impacting law enforcement, background checks, and legal proceedings. However, there are specific regulations and exceptions regarding how long these records are accessible and under what conditions they may be removed or restricted.

1. Indefinite Retention of Criminal Records

• General Rule: Wisconsin criminal records generally remain on file permanently, even after an individual has served their sentence or been released from jail or prison.
• Public Access: These records can be accessed by law enforcement agencies, government officials, and authorized third parties (such as employers and landlords conducting background checks), unless they are sealed or expunged.

2. Sealing of Criminal Records

• What Is Sealing?: Sealing a criminal record means that it is not accessible to the public. The record still exists but is hidden from standard background checks. Law enforcement agencies and courts may still access sealed records.
• Eligibility: Certain records may be sealed under specific conditions, such as for individuals with minor offenses or those who have successfully completed their sentence. Sealing typically applies to misdemeanor convictions or situations where charges were dismissed.
• Timeframe for Sealing: The process of sealing can take place after a certain period of time has passed since the conviction, especially if the individual has demonstrated good behavior post-conviction.

3. Expungement of Criminal Records

• What Is Expungement?: Expungement involves the complete removal of a criminal record from public view, essentially erasing it from the individual’s history for most purposes.
• Eligibility for Expungement: Expungement is only available for certain offenses, usually non-violent crimes, and requires the individual to meet eligibility criteria, such as being convicted at a young age or having successfully completed their sentence.
• Expungement Process: An individual must file a petition for expungement with the court, and a judge will decide whether to grant the request. If granted, the record is removed from public databases.

4. Criminal Records and Expiration of Charges

• Time Limits on Records: In general, criminal records in Wisconsin do not “expire.” However, some information, such as Wisconsin arrest records that did not result in a conviction, may not appear in certain background checks after a specific period, especially if they are dismissed or expunged.
• Felony Records: Felony convictions remain on an individual’s record indefinitely, unless an expungement is granted.

5. Impact of Time on Criminal Records

• Background Checks: Although criminal records remain on file indefinitely, some employers or agencies may not take older, minor offenses into consideration after a set period, particularly if the individual has demonstrated rehabilitation.
• Impact on Certain Rights: While criminal records stay on file, they may not affect certain rights forever. For example, after a certain period, individuals may regain some civil rights, such as the right to vote or own a firearm, depending on the type of offense and any post-conviction relief they’ve received.

6. The Role of Pardons

• What Is a Pardon?: A pardon is a formal act of forgiveness issued by the Governor of Wisconsin, which may result in the removal of a criminal record.
• Effect of a Pardon: A pardon may restore certain rights, but it does not automatically expunge or seal the criminal record. The record remains, but it is marked as pardoned in the official file.

The Role of Wisconsin Criminal Records in Tenant Screening

When landlords in Wisconsin screen potential tenants, one of the key factors they often consider is the applicant’s criminal history. Criminal records can influence a landlord’s decision-making process, as they help assess whether a tenant may pose a risk to the safety and well-being of other tenants or the property. Here’s a look at the role criminal records play in tenant screening in Wisconsin:

1. Why Criminal Background Checks Are Used in Tenant Screening

• Safety and Security: The primary reason landlords check criminal records is to ensure that new tenants do not pose a threat to the safety and security of the property, other tenants, or the surrounding neighborhood.
• Risk Management: Criminal background checks help landlords minimize the risk of property damage, illegal activities, or disruptive behavior within rental units.

2. What Criminal Records Are Typically Considered in Tenant Screening?

• Felony Convictions: Felony offenses, especially violent crimes such as assault, robbery, or drug trafficking, are the most likely to raise concerns during tenant screening. Landlords may hesitate to rent to individuals with recent felony convictions.
• Misdemeanors: Less severe crimes, such as petty theft or public intoxication, may be viewed more leniently, depending on the severity of the offense and how recent the conviction is.
• Arrests Without Convictions: Arrest records that did not result in a conviction are typically less of a concern in tenant screening, but may still be considered depending on the circumstances of the arrest.
• Drug-Related Offenses: Given the nature of rental properties, offenses related to drug use or trafficking can be a significant concern, especially for landlords who want to avoid illegal activities within their buildings.

3. How Wisconsin Criminal Records Are Used in Tenant Screening

• Background Check Process: Landlords often use third-party screening services or check criminal records directly through the Wisconsin Crime Information Bureau (WCIB). These reports provide details of an applicant’s criminal history, including any arrests, charges, and convictions.
• Reviewing the Record: Landlords will review the criminal history of each applicant to determine whether the offenses are relevant to the rental situation. They may consider factors such as the nature of the crime, how long ago the offense occurred, and whether the applicant has a history of criminal behavior.

4. Wisconsin Fair Housing and Anti-Discrimination Laws

• State Laws: Wisconsin landlords must comply with state and federal laws that prohibit discrimination. According to the Wisconsin Fair Housing Law, landlords cannot refuse to rent based solely on an applicant’s criminal history unless the crime is directly related to the applicant’s ability to be a responsible tenant (e.g., history of violent crime or property damage).
• Federal Fair Housing Act: The U.S. Fair Housing Act also prohibits discrimination based on race, color, national origin, religion, sex, familial status, or disability. Landlords must ensure that their use of criminal background checks does not lead to discrimination against specific groups.

5. The “Ban the Box” Movement

• What Is “Ban the Box”?: The “Ban the Box” movement advocates for removing the criminal history question from initial rental applications. The goal is to give applicants a chance to be evaluated based on their qualifications first, without being automatically excluded because of their criminal record.
• Impact in Wisconsin: While Wisconsin does not have statewide “Ban the Box” laws for private rental properties, some local municipalities may have adopted similar ordinances. For example, Milwaukee has a law that limits the use of criminal background checks in housing decisions, particularly if the conviction was more than a few years old.

6. Factors Landlords Must Consider When Using Criminal Records

• Recency of Offense: Landlords are advised to consider how recent the criminal offense was. A tenant with a conviction from 10 years ago might not pose the same risk as someone with a recent conviction, especially if there is evidence of rehabilitation.
• Type of Crime: Not all criminal offenses are equally concerning for landlords. Violent crimes, sex offenses, and drug trafficking may raise more red flags than non-violent, minor offenses like public intoxication or traffic violations.
• Rehabilitation and Stability: Landlords may be more willing to rent to an applicant with a criminal history if they can demonstrate rehabilitation, such as completing a rehabilitation program, steady employment, or a stable living situation.

7. How to Legally Handle Criminal Records in Tenant Screening

• Consistency: Landlords must apply their screening process consistently to all applicants to avoid discrimination claims. If an applicant is denied based on a criminal record, the landlord should be able to justify the decision with clear documentation related to the crime and its relevance to the rental property.
• Consideration of Expunged or Sealed Records: In Wisconsin, if a criminal record has been expunged or sealed, it should not be considered in tenant screening. Landlords must respect expungement laws and should not base decisions on records that are legally inaccessible.
• Adverse Action Notices: If an applicant is denied based on their criminal record, the landlord must provide an adverse action notice, explaining the reasons for the decision. This is required under the Fair Credit Reporting Act (FCRA) for tenants being screened through third-party services.

8. Challenges and Controversies in Using Criminal Records for Tenant Screening

• Potential for Discrimination: The use of criminal records in tenant screening has raised concerns about racial and ethnic discrimination, as certain minority groups are disproportionately affected by criminal convictions. Landlords must be cautious to ensure their decisions are based on legitimate concerns rather than biased assumptions.
• Difficulty in Assessing Risk: Criminal records alone may not accurately reflect an individual’s current behavior or suitability as a tenant. Landlords may struggle with balancing safety concerns with the possibility of rehabilitative growth.

9. Alternatives to Criminal Background Checks in Tenant Screening

• Other Screening Factors: Some landlords may place more emphasis on other aspects of an applicant’s history, such as references from previous landlords, employment stability, and credit history.
• Mitigating Criminal History: Some landlords may allow applicants to explain their criminal history during the application process, giving them the opportunity to provide context or evidence of rehabilitation before a decision is made.

Final Verdict

While I don’t have personal experiences, I can certainly summarize the key points based on information about Wisconsin Criminal Records. Understanding how criminal records are managed and accessed in Wisconsin is crucial for individuals navigating the state’s criminal justice system, as well as for those involved in background checks, whether as employers, landlords, or others.

Criminal records in Wisconsin are maintained indefinitely, with certain opportunities for sealing or expunging records under specific conditions. This process ensures that public safety is prioritized, while also offering a path for rehabilitation and second chances for those who have paid their dues.

However, it’s essential to consider how these records are used, especially in contexts like employment or housing. Although criminal records are a tool for evaluating potential risks, Wisconsin law requires landlords and employers to apply them fairly and without discrimination. The ongoing “Ban the Box” efforts also encourage fairer treatment for applicants with criminal histories, acknowledging the potential for growth and change.

Ultimately, Wisconsin criminal records serve as a vital part of the justice system, but they must be handled with care and fairness to ensure that individuals aren’t unfairly penalized for past mistakes, especially when they’ve shown signs of rehabilitation.