Wisconsin Public Records

Wisconsin public records comprise all reports, documents, and files that government offices generate in the discharge of their assigned responsibilities. These records are necessary for guaranteeing honesty, accountability, and transparency in government institutions. With public records, citizens can assess the performance of these government agencies and their elected officials.

All government-owned agencies, both state and local, privatized governmental entities and organizations that operate with at least 50% public funding are considered public agencies in Wisconsin. These agencies are required by state law to produce and maintain records about their operations as well as create public access to those records on request, except otherwise stated by statute. The provisions for accessing and copying public records are specified in the state's statutes.

Are Wisconsin Records Public?

Yes. Wisconsin Statutes 19.35 affirms the right of any requester to inspect any record without a statement of purpose. However, the law restricts access to public records for individuals with imprisonment records and those who were unwillingly admitted into mental health facilities.

Members of the public interested in requesting public records can submit a Public Records Act request to any custodian public agency in compliance with the rules and conditions defined by law. However, the Wisconsin Open Records Law prohibits the disclosure of certain records that may threaten the safety or privacy rights of persons whose information is contained in these records. Some examples of such records shielded by law include

Public library lending records.
Trade secrets, as specified in the Uniform Trade Secrets Act
Introductory abstracts, memos, and intra-agency proposals
Identifying information of persons applying for public positions that demand secrecy
Criminal investigations reports, including law enforcement informants and victims' records
Medical records and testing information
Blueprints or designs of structures owned by the state
Personally identifiable information like credit card/debit card details, bank account information, house address, mobile or home phone numbers, and social security numbers
Specific employee/personnel documents such as reports of active disciplinary action investigations, remarks and ratings of employees' performance, staff appraisals, and employee reference letters

Wisconsin Public Records Act

The Wisconsin Open Records Law, originally legislated in 1982, is a collection of statutes that guarantees public access to public records of government agencies across all levels. Under this law, any interested person (without any incarceration or mental institution admission history) can freely access public records, provided the records are not exempt by court order or other state law.

Section 19.32(2) of Wisconsin Statutes defines a record as a document produced and conserved irrespective of its physical form by a government agency. Thus, public records refer to all forms of official papers and documentation collected and retained by public agencies in Wisconsin. Public records can be stored in manuscript forms, typed documents, audio or video tapes, graphics, maps, graphs, recordings, pictures, computer printouts, optical disks, and any other information storage format.

The following are examples of public records that may be obtained upon request in Wisconsin:

Financial records like appropriations, statements, invoices, and proposals
Official Correspondence such as emails and memorandums
Committee meeting agendas, minutes, and corresponding documents
Judicial and Court records, including case information and case number.
Vital records, including divorce, birth, death, and marriage records
Guidelines and strategies produced by government bodies
Arrest records, police reports, warrants, inmate information, and mugshots
Adult Criminal history information.

How Do I Find Public Records in Wisconsin?

The process of obtaining a public record in Wisconsin typically involves the following steps:

Identify the exact record needed.
Identify the appropriate record custodian.
Submit a request for the record.
Pay the administrative fees if required.

To find a public record in Wisconsin, an individual must identify the type of record required and the appropriate record custodian at the state or local level. The processes for requesting access to inspect and copy public records, contact details, and office addresses of public agencies in Wisconsin can be found on the official websites managed by the agency. For instance, an individual requiring vital records can submit requests to the Wisconsin Department of Health Services.

Requesters generally have to submit record requests to the record custodian by filling out authorized request forms provided on the agency's website or submitting handwritten requests in person, electronically, or via mail. Most agencies also have provisions for oral requests using authorized phone lines. Record requests must be submitted to the record custodian within official hours and comply with rules and regulations. The request forms or handwritten requests typically contain the name of the requester, telephone number, page number, email address, location, adressor any other contact information with clear descriptions of the desired records.

The fees attached to a Wisconsin public record request in Wisconsin are stipulated in Wisconsin Statutes § 19.35(3). This fee typically comprises the precise, necessary, and explicit costs of copying, rewriting, visual reproduction, and shipping the requested record in written or electronic formats. Other fees that may be attached to a record request include location fees and retrieval fees. A public agency may demand prepayment of request fees if the total cost is more than $5.00 or decide to supply records to the public for free or at a reduced price if such action is favorable to the public.

Find Wisconsin Public Records Free

Interested persons can access free Wisconsin public records by visiting the agency in charge of the desired record in-person. These free in-person searches are for inspection of records only and must be done during work hours only. Although accessing and viewing records is often free, making copies of records usually has costs attached.

Similarly, most public agencies manage and maintain online databases through which record seekers can review public records virtually by inputting required search parameters at no cost. Some examples of agencies and their online repositories are listed below:

Case Access system managed by the Wisconsin Supreme Court and Court of Appeals.
Wisconsin Circuit Court Access managed by the Offices of Clerks of Court across counties in the state.

What Happens if I Am Refused a Public Records Request?

Per Wisconsin Statutes § 19.35(4)(b), an agency that denies a public record request must deliver a written notice of request denial that specifies reasons for the denial within five working days of the denial to the requester.

A requester whose record request was denied can choose to resubmit the request if the reason for the denial was due to their noncompliance with specific request rules. The individual can also appeal to the record custodian for reconsideration or file a suit in court. If the requester wants to file a case, the individual has two options.

File a petition for Writ of Mandamus with a Circuit Court.
Submit a petition to the District Attorney of the county holding the record or the State's Attorney General asking the Attorney to incite a motion for Mandamus.

How Long Does It Take to Obtain a Wisconsin Public Record?

The Wisconsin open records law does not stipulate a processing time for public records requests. However, Wisconsin Statutes § 19.35(4)(a) instructs public agencies to reply to public record requests without unnecessary hesitation.

The processing time of a public record request by an agency depends on the nature and magnitude of the record request, staff availability, the need for retrieval from the state records center, and other measures needed to process a request. Even so, a typical records request in Wisconsin takes 10 to 30 days to be processed.