How Can Infor ma tion Is What's On My Criminal
Be Removed? Record Important? Criminal
Qualifying information may be removed
from a state criminal history record by sub- Today, many employers are required
to conduct criminal background
mitting a Fingerprint Record Removal Re- checks on potential employees. Some
quest form to the Crime Information Bureau. offenses may automatically disqualify Records
you for certain regulated occupations.
The form is available online at: Other offenses may disqualify you if
they are substantially related to the
position you are applying for.
Any associated information maintained at the Only conviction information may be Questions &
federal level will also be removed. considered when making these deter-
minations. Use of arrest and convic-
Court files may be expunged under three tion information for employment is Answers
situations: 1) misdemeanors or certain felo- regulated by Wisconsin's Fair Em-
nies committed by a person under the age of
25 when ordered at sentencing and upon suc-
cessful completion of the sentence for an
offense where the maximum period of im-
prisonment is 6 years or less; 2) a juvenile
adjudicated delinquent upon request once the
juvenile reaches the age of 17; 3) if con-
victed, adjudicated delinquent, or found not
guilty by reason of mental disease or defect
for a violation of s. 944.30 Wis. Stats. if the
person was a victim of human trafficking for
the purposes of commercial sex. Court-
ordered expungement does not qualify the Crime Information Bureau
information for removal from the criminal 17 West Main Street
P. O. Box 2718 W i s c o n s i n D e p a r t m e n t
history record. Madison, WI 53701-2718 o f J u s t i c e
Information from law enforcement or prose- Phone: 608-266-7314
cutor files are not removed upon either court Fax: 608-267-1338 JOSH KAUL
expungement or removal from the state re- A t t o r n e y G e n e r a l
Revised: January 7, 2019
Where May Criminal Who Can Access Criminal tory record only when the person arrested is
not charged or all charges are dismissed by
Records Be Found? History Information & How? the court. This removal is not automatic
In Wisconsin, adult criminal history informa- and the person is required to submit a writ-
Records associated with arrest and convic- tion is considered public record and may be ten request along with a single fingerprint
tion information are routinely maintained accessed by anyone making a request. Fees used to verify identity. Any record re-
by the following entities: may be imposed to cover the costs of repro- moved at the state level for which a federal
Arresting law enforcement agency ducing copies of police reports and court criminal history record exists is forwarded
documents. Under certain circumstances ac- to the FBI for removal there. No informa-
cess to police and prosecutor's files may be tion is removed unless requested by the sub-
Court having jurisdiction denied or delayed. Requests for information ject of the record.
State Criminal History Repository must be made directly to each agency from
Federal Criminal History Reposi- which information is requested. Request for removal at state repository do
not require removal of any information from
tory Circuit court information for most Wisconsin the law enforcement agency, prosecutor or
What Causes The Creation
counties is available online free of charge. court records.
Fees may be charged for copies of case infor-
Of A Criminal Record? mation by both municipal and circuit courts Is A Charge Automatically
Law Enforcement Agency - when a per-
and requests must be made directly to each Removed From My State Re-
son is arrested, cited or confined for a vio-
court from which information is sought.
lation of the law. State adult criminal history files are also pub-
cord When The Offense Is
Prosecuting Agency - when copies of an lic record and available to the public. The Expunged By A Cour t?
arrest report are forwarded for review or Legislature has established fees for obtaining No. Information may only be removed upon
prosecution. May be a municipal attorney criminal history information based on re- request if all charges resulted in no convic-
or a district attorney. questor type. Requests for information may tion. Courts may expunge records that do
Court Having Jurisdiction - when a cita-
be made by mail or online for customers us- not qualify for removal from the state
tion or complaint is filed with the court. ing a credit card or having an account. criminal history repository. Certain dispo-
Courts having original jurisdiction in Wis- Public access to federal criminal history in- sitions may be expunged by the court but
consin are normally municipal, tribal or formation is limited to those authorized by may not be removed from the state record.
circuit courts. federal law or a state statute approved by the The state record is noted to reflect that the
State Criminal History Repository - United States Attorney General. These public court record was expunged.
when an arrest fingerprint card is submit- requests are processed only when a finger-
ted by a law enforcement agency. Courts print card is submitted for comparison along I Wa s Pa r d o n e d . W i l l T h e
also report disposition information. In with the appropriate fee. C h a r g e Be Rem ove d F r om M y
Wisconsin the state repository is the Wis-
consin Department of Justice, Crime Infor- I Was Not Convicted, Is The Record?
mation Bureau. Arrest Information Removed No. A pardon will not remove the informa-
Federal Criminal History Repository - F r o m M y Re c o r d ? tion. The criminal history record will re-
when an arrest fingerprint card is for- flect the fact that a pardon was granted.
warded by the state criminal history re-
pository. The federal repository is the Wisconsin law allows for the removal of ar- That notation should negate use of the ar-
Federal Bureau of Investigation. rest information from the state criminal his- rest information for a variety of purposes.
Author: Doberstein, Courtney L.
Creator: Microsoft® Office Publisher 2007
Producer: Microsoft® Office Publisher 2007
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ModDate: Fri Mar 15 07:44:57 2019
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