How Can Infor ma tion Is What’s On My Criminal
Be Removed?
Qualifying information may be removed
from a state criminal history record by sub-
Record Important?
Today, many employers are required
Criminal
Records
to co nd uct criminal backgro und
mitting a Fingerprint Record Removal Re- checks on potential employees. Some
quest form to the Crime Information Bureau. offenses may auto matically disqualify
you for certain regulated occupations.
The form is available online at: Other offenses may disqualify you if
they are substantially related to the
[Link] position you are applying for.
Any associated information maintained at the
federal level will also be removed.
Only conviction information may be
considered when making these deter-
minations. Use of arrest and convic-
Questions &
Court files may be expunged under three
situations: 1) misdemeanors or certain felo-
tion information for employment is
regulated by Wisconsin’s Fair Em- Answers
ployment Law.
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
history record. Wisconsin Department
Madison, WI 53701-2718 of Justice
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- Attorney General
cord.
Revised: January 7, 2019
Wher e May Criminal Who Can Access Criminal tory record onl y when the person arrested is
not charged or all charges are dismissed b y
Records Be Found? Histor y Informa tion & 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 routinel y maintained accessed b y an yone making a request. Fees used to verify identit y. 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
ducing copies of police reports and court criminal history record exists is forwarded
Arresting law enforcement agency
documents. Under certain circumstances ac- to the FBI for removal there. No informa-
Prosecuting agency cess to police and prosecutor’s files may be tion is removed unless requested b y the sub-
Court having jurisdiction denied or delayed. Requests for information ject of the record.
State Criminal History Repository must be made directl y to each agency from
which information is requested. Request for removal at state repository do
Federal Criminal History Reposi-
not require removal of an y information from
tory Circuit court information for most Wisconsin the law enforcement agency, prosecutor or
counties is available online free of charge. court records.
Wha t Causes The Cr ea tion Fees may be charged for copies of case infor-
Of A Criminal Record? mation b y both municipal and circuit courts Is A Char ge Automa tically
and requests must be made directl y to each
Law Enforcement Agency - when a per- court from which information is sought.
Removed From My Sta te Re-
son is arrested, cited or confined for a vio- cord When The Of fense Is
lation of the law. State adult criminal history files are also pub-
lic record and available to the public. The Expunged By A Cour t?
Prosecuting Agency - when copies of an
arrest report are forwarded for review or Legislature has established fees for obtaining No. Information may onl y 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 t ype. Requests for information may tion. Courts may expunge records that do
be made b y mail or online for customers us- not qualif y for removal from the state
Court Having Jurisdiction - when a cita-
ing a credit card or having an account. criminal history repository. Certain dispo-
tion or complaint is filed with the court.
Courts having original jurisdiction in Wis- Public access to federal criminal history in- sitions may be expunged by the court but
consin are normall y municipal, tribal or formation is limited to those authorized by may not be removed from the state record.
circuit courts. The state record is noted to reflect that the
federal law or a state statute approved b y 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 b y a law enforcement agency. Courts print card is submitted for comparison along I Was Pardoned. Will The
also report disposition information. In
Wisconsin the state repository is the Wis-
with the appropriate fee. Charge Be Removed From My
consin Department of Justice, Crime Infor- I Was Not Convicted, Is The Record?
mation Bureau.
Ar r est Informa tion Removed No. A pardon will not remove the informa-
Federal Criminal History Repository - tion. The criminal history record will re-
when an arrest fingerprint card is for- From My Record?
flect the fact that a pardon was granted.
warded b y the state criminal history re-
Wisconsin law allows for the removal of ar- That notation should negate use of the ar-
pository. The federal repository is the
Federal Bureau of Investigation. rest information from the state criminal his- rest information for a variet y of purposes.
