Wisconsin Criminal Records

In Wisconsin, a criminal record summarizes a person's past arrests and felony and misdemeanor convictions. It is sometimes called a rap sheet. Criminal records mostly originate at the local or county level. They are created for every contact an individual makes with the Wisconsin justice system, including the courts and local law enforcement agencies. A Wisconsin criminal record is not necessarily a history of criminal convictions. When a suspect is arrested for a crime, that arrest goes into their criminal record because the person is photographed and fingerprinted, and their personal information is recorded. However, if such an arrest does not lead to a conviction, it is entered into the individual's criminal record as a non-conviction record.

Although the Crime Information Bureau (CIB) of the Wisconsin Department of Justice (DOJ) is the statewide criminal history repository, certain criminal records are routinely maintained by other agencies. These agencies include the prosecuting agencies, arresting law enforcement agencies, courts, and the federal criminal history repository. Specifically, the Criminal History Unit under the state's DOJ maintains criminal history record information (CHRI). This unit works closely with all agencies responsible for submitting criminal record information, prosecutors, and courts to ensure the accuracy of records and make corrections when necessary.

Criminal records have several uses in Wisconsin. While they can be used for employment purposes, the state's Fair Employment Law regulates how they are used for hiring decisions. Criminal records are also crucial for courts, law enforcement agencies, and legal professionals in upholding the law and maintaining public safety within the state. In addition, they can help certain state agencies make informed decisions about individuals' housing requests under the state's or federal housing program.

What is Included in the Criminal Record?

Criminal history records of individuals gathered from local and county criminal justice systems, including courts, prosecutors, and law enforcement agencies, are consolidated to form the state's records of arrests and prosecutions (RAP) sheet. A typical Wisconsin criminal record will contain one or more of the following information:

• The name, address, aliases, date of birth, and any other personal details of the record subject
• Previous and outstanding arrest
• Mugshot/photograph
• Sentencing information, including the duration and location of incarceration and the date of release
• Information about the arresting agency, date of arrest, location of arrest, and the charges filed against the subject
• Warrant information
• Conviction or guilty plea details
• Physical descriptors like weight and height

Are Criminal Records Public In Wisconsin?

Yes, Wisconsin criminal records are considered public records. The state's Public Records Law applies to criminal records, making most Wisconsin adult criminal record history information accessible to members of the public. However, public access to juvenile records is largely restricted by statute and is only available for daycare background checks. In addition, information in ongoing prosecutions and investigations and certain confidential law enforcement records may be exempt from public disclosure. Individuals and entities can submit criminal records requests on other people in Wisconsin via state-approved channels.

How to Access Criminal Records in Wisconsin

Anyone can access criminal history record information in the state using the Wisconsin Online Record Check System (WORCS) managed by the CIB. WORCS allows a third party, either an individual or entity, to obtain another person's Wisconsin criminal record. The system requires a new user to register a user account. The state's Department of Justice (DOJ) provides users with a guide on how to submit a new request using WORCS.

Subjects of Wisconsin criminal records can also request and obtain their criminal records from the state's DOJ by completing a Wisconsin Criminal History Single Name Record Request Form (DJLE 250 Form). This form can also be used by third parties who opt to make criminal record requests by mail rather than use WORCS. While completing the form, the requester must provide all the necessary information to facilitate an easy search by the CIB. While not mandatory, providing other identifying information about the record subject, such as additional names, Social Security numbers (SSNs), and maiden names, will foster a more accurate search. After filling out the DJLE 250 Form, the requester should mail it alongside a self-addressed, postage-paid envelope and a $12 check (made payable to the Wisconsin Department of Justice) to the CIB at:

It takes the CIB between 7 and 10 days to process a Wisconsin criminal record request.

How to Access Inmate Records in Wisconsin

The general public can access the state's inmate records through the Public Record Center managed by the Wisconsin Department of Corrections (DOC). Alternatively, anyone can obtain inmate records in the state by sending a mail request to the DOC using the offender's known name or DOC number as a search criterion to the DOC at:

How to Access Sex Offender Records in Wisconsin

Any interested person can find sex offender records in Wisconsin using the S ex Offender Registry. The search criteria include the offender's last name (mandatory), first name, and middle name initial. The state's sex offender registry is a public database.

What is Considered a Felony in Wisconsin?

In Wisconsin, a felony is a serious crime that could result in a jail term of one year or more in a state prison. The state has organized its felonies into nine classes, and each determines the severity of the offense and the penalties that apply. The categories of Wisconsin felonies and common examples are listed below:

Class A Felonies

• Murder/First-degree intentional homicide

Class B Felonies

• First-degree reckless homicide
• Second-degree intentional homicide
• Armed robbery

Class C Felonies

• Second-degree reckless homicide
• Arson
• Operating while intoxicated (OWI) vehicular homicide with a previous OWI conviction
• Causing a person's death through making, selling, or administering narcotics or Schedule I or II drugs
• Possession of at least 40 grams of cocaine with the intent to sell

Class D Felonies

• Suffocation and strangulation
• Second-degree reckless homicide or OWI vehicular homicide
• Possessing 15 to 40 grams of cocaine with the intent to sell
• Hit and run that leads to fatality

Class E Felonies

• Robbery of a home
• Hit and run involving serious bodily harm
• Possession of at least 10 kg of cannabis with the intent to sell
• Possession of 5 to 15 grams of cocaine with the intent to sell
• Possessing body armor after being convicted of a violent crime
• Intentional aggravated battery that leads to a serious bodily injury

Class F Felonies

• Stalking involving a firearm
• First-degree reckless endangerment
• Possession of 2.5 to 10 kg of cannabis with intent to sell
• Modification of a gun to function like a machine gun
• Discharging a firearm in a parking lot on a highway toward buildings or people
• OWI causing other people serious injury

Class G Felonies

• Second-degree reckless endangerment
• Second-offense strangulation
• Delivery/manufacture of Schedule III, IV, or V drugs
• Negligent homicide by motor vehicles or firearms
• Theft of property whose value is at least $10,000
• Fifth-offense OWI

Class H Felonies

• False imprisonment
• Fourth-offense OWI
• Felony bail jumping
• Arson with intent to defraud
• Possessing 200g to 1 kg of marijuana with intent to sell
• Theft of property valued at $5,000 to $10,000
• Pointing a firearm at firefighters, law enforcement officers, and medical responders

Class I Felonies

• Destruction of property valued at over $2,500 or certain types of property
• Threatening stalking
• Aggravated battery leading to substantial bodily harm
• Arson of property other than buildings
• Second or subsequent possession of cocaine charge
• Possession of cannabis 200g or less with intent to sell
• Theft of property valued at $2,500 to $5,000

Penalties For Wisconsin Felonies

The penalties that apply to each class of felony conviction in Wisconsin are outlined below:

• Class A felony is the most serious criminal offense and carries the life imprisonment penalty.
• Class B felony is punishable by up to 60 years imprisonment.
• Class C felony attracts up to a 40-year jail time and/or a $100,000 maximum fine.
• Class D felony is punishable by up to 25 years imprisonment and/or a maximum fine of $100,000
• Class E felony in Wisconsin is punishable by up to 15 years of jail time in state prison and/or a $50,000 maximum fine.
• Class F felony carries a penalty of 12.5 years in state prison, a maximum fine of $25,000, or both.
• Class G felony is punishable by a $25,000 maximum fine and/or up to 10 years of incarceration in state prison.
• Class H felony conviction in Wisconsin attracts a penalty of up to six years of jail time and/or a maximum fine of $10,000.
• Class I felony carries a punishment of up to 3.5 years in state prison and/or a maximum fine of $10,000.

Generally, the sentencing court decides whether to impose the maximum punishment or one lower than the maximum penalty when a person is convicted of a felony. However, in the case of a felony punishable by life imprisonment, the court has no discretion to impose a lower sentence. In Wisconsin, a conviction for certain felony offenses comes with consequences, including forfeiting civil liberties. These consequences include the loss of the right to vote, the right to possess a firearm, the capacity to serve on a jury, and the ability to hold public office.

What is a Misdemeanor in Wisconsin?

All other criminal offenses that are not felonies in Wisconsin are misdemeanors. They are less serious than felony offenses, and some are also punishable by jail time, but not in state prisons. A prison term penalty for a Wisconsin misdemeanor offense is served in a county jail, and it is typically less than one year. Criminal offenses with exactly one year of incarceration are misdemeanors if the sentences will be served in county jails. Wisconsin categorizes misdemeanor offenses into three classes, as listed below with common examples:

Class A Misdemeanors

• Petty theft
• Forth-degree sexual assault
• Battery
• Violation of a restraining order
• Criminal damage to property

Class B Misdemeanors

• Criminal trespass to a medical facility
• Theft of cable or wireless services
• Disorderly conduct

Class C Misdemeanors

• Vagrancy
• Consumption of alcohol on public transportation
• Violation of state Fair Park

Penalties for Wisconsin Misdemeanors

Each class of misdemeanor offense in Wisconsin has a specified maximum imprisonment term and fine as stipulated in Section 939.51 (a) - (c) of the state's Statutes. These penalties are listed below:

• Class A misdemeanor offenses carry a maximum prison sentence of up to 9 months and/or a $10,000 maximum fine.
• Class B misdemeanors are punishable by a maximum fine of $1,000, a maximum of 90 days confinement in prison, or both.
• Class C misdemeanor offenses attract a maximum jail time of 30 days and/or up to a $500 fine.
• Sometimes, misdemeanor charges for a repeat offender in Wisconsin may lead to multiple convictions, which, if run successively, can exceed one year.

How Long Does a Wisconsin Criminal Record Stay In a Background Report?

In Wisconsin, most felonies stay on a person's criminal record for life and will always appear on the state's background report. This especially holds if it was not ruled that the person qualifies for expungement during sentencing. For those eligible for expungement, their felony conviction will remain in the state's background report until they file for expungement, which is typically subject to meeting certain conditions. On the other hand, a person's Wisconsin misdemeanor charge will stay on their record for 20 years after conviction. Certain criminal charges will always remain on an individual's record in the state because they cannot be expunged. These include certain sexual assaults, first-degree intentional homicide, certain types of kidnapping, and crimes punishable by a maximum sentence of life imprisonment.

Sealing and Expungement of Criminal Records in Wisconsin

In most cases, the judge decides if a person is eligible for criminal record expungement at the time of sentencing in Wisconsin. Judges often consider society's safety and whether the person will benefit from having their criminal record expunged in making that decision. If a judge decides that an individual qualifies for expungement when they sentence the person to prison, jail, or probation, the expungement should be automatic after successfully completing the sentence. In such a situation, the probation agent or correctional facility will prepare a certificate of discharge and send it to the court, where an expungement request will be entered. This process is self-executing. Where a person is eligible for expungement, and the correctional facility or probation agent did not send a certificate of discharge to the court, the individual should contact the correctional facility or probation agent immediately.

Someone who had to pay a fine or restitution when sentenced to prison, jail, or probation must ask the court to expunge their criminal conviction. They must complete the Petition to Expunge Criminal Court Record of Conviction - Non-Probation/Non-Incarceration Form (Form CR-266) to do this. Someone who was a juvenile at the time of committing an offense but now wishes to expunge the conviction after turning 17 will complete the Petition to Expunge Court Record of Adjudication/Recommendation of District Attorney Form (Form JD-1780). The appropriate form should be submitted to the relevant court after completion. During the hearing, the judge will determine if the petitioner's case qualifies for expungement. Judges often consider factors such as the nature of a crime, the offense's jurisdiction, and whether a person has fulfilled their criminal sentence in deciding expungement cases. While the timeline may vary, Wisconsin's criminal record expungement process typically takes up to one month.

If a judge rules in favor of the petitioner, all court records relating to the criminal conviction will be destroyed, sealed, or otherwise removed completely from public access or view. In Wisconsin, sealing and expunging a criminal conviction in circuit courts are pretty much the same. Note that expungement of a criminal record offense in the state does not set aside, reverse, or vacate an order of conviction. It does not translate to a pardon for the crimes a person committed. If someone's criminal conviction renders them ineligible for certain employment or licensing, expunging that criminal conviction will not affect the person's eligibility. Because a court cannot seal records held by other state agencies, such records can be accessed by employers, schools, licensing agencies, and landlords from the Wisconsin Online Record Checks System (WORCS). Law enforcement can also access sealed or expunged criminal records in the state.

In certain situations, a judge may deny the expungement of a Class H or Class I felony conviction record. For instance, a Class H felony may not be expunged if the record owner has a prior felony conviction or the current offense is a stalking, violent offense, intentional or reckless physical abuse of a child, or sexual assault by someone who works closely with children. Similarly, a court will deny an expungement petition for a Class I felony in Wisconsin if an individual has a prior felony conviction or the current offense is a violent offense or concealing the death of a child.