Wisconsin Arrest Records
Wisconsin arrest records are official documents that detail arrests and temporary detentions within the state. Law enforcement agencies, including police departments and sheriff's offices, generate and disclose these records in compliance with state laws.
Arrest records in Wisconsin comprehensively outline instances of detention, custody, investigation, charges, indictments, or trials for offenses under the penal code. They also include specifics about the surrounding circumstances of each arrest. Law enforcement agencies (including police departments and sheriff's offices) submit arrest reports to the Crime Information Bureau. This bureau oversees and maintains a comprehensive statewide record of arrests and detentions in Wisconsin.
A Wisconsin arrest record includes vital offender information, such as full name, birth details, age, sex, race/ethnicity, occupation, and physical features. It may include a mugshot. Details of the arrest—date, time, location, and offense—are also provided. The record also covers booking specifics like custody status, court date, and details on charges (case number, crime description, and bail).
Are Arrest Records Public in Wisconsin?
Yes, arrest records are public in Wisconsin. Under the Wisconsin Public Records Law, government records, including arrest records generated by law enforcement agencies, are public records and are open to the public for inspection and duplication.
Thus, any interested party can access arrest records in Wisconsin. These include the subject, employers, insurance companies, attorneys, victims, witnesses, government officials, bail bondsmen, etc. While arrest records are generally public and subject to disclosure under the public record law, access may be restricted or denied for sealed or expunged records.
For juvenile suspects, access is limited to parents, individuals with a court order from the juvenile court, or parties entitled to receive the record by law. Similarly, if releasing a record jeopardizes an individual’s privacy or safety, the record custodian may deny public access. Additionally, access may be restricted if releasing a record hinders an ongoing or related investigation.
How Do I Look Up Arrest Records in Wisconsin?
A request for arrest records in Wisconsin can be directed to the following agencies:
A Local Law Enforcement Agency
Interested parties can look up Wisconsin arrest records at the local sheriff’s office or police department responsible for the arrest. This could be done as follows:
- Access the online arrest data portal of the arresting agency, if available. Often referred to as an arrest log, daily booking log, or in-custody log, most agencies maintain an online portal where individuals can access and look up records of offenders arrested and booked. Each portal may have a different data range, with some covering a few days and others extending over several years. Examples include the Milwaukee County Sheriff’s in-custody log, the Columbia County Sheriff’s daily booking report, and the Douglas County Sheriff’s arrest roster.
- Submit a public record request to the arresting agency in writing or in person. Often, a public record request form is accessible on the official website of the arresting agency. Download and complete the form with the necessary information to identify the record, then submit it via mail or other specified means on the website. Alternatively, individuals can visit the office location of the arresting agency in-person to make verbal requests to look up arrest records.
Note: While it is typically free to look up an arrest record in Wisconsin, a nominal fee is required to obtain copies of an arrest report, and this amount varies by agency.
The Wisconsin Department of Justice (DOJ)
The DOJ, through its Criminal History Unit, maintains the state Criminal History Record Information (CHRI), which includes statewide arrest and charge details for individuals who have interacted with the state's law enforcement agencies and justice system.
The Criminal History Unit facilitates access to CHRI for individuals to look up arrest records through the Wisconsin Online Records Check System (WORCS). Additionally, requesters may request criminal history reports from the Crime Information Bureau by mail at:
P.O. Box 2718
Madison, WI 53701-2718.
Requests for copies of a criminal history record by mail attract a nominal fee of $7, while online requests through WORCS will cost $12 to be processed. While adult criminal history information is public record in Wisconsin, state laws restrict access to juvenile information.
The Federal Bureau of Investigation (FBI)
Requesters interested in nationwide arrest records may obtain them from the FBI's Criminal Justice Information Services Division by submitting a written request and paying a nominal fee of $18. However, the FBI only provides arrest records to the individuals directly associated with the records.
Free Arrest Record Search in Wisconsin
To access free arrest records in Wisconsin, individuals can visit the official websites of local police departments or sheriff's offices and use the agency's online arrest data portal, if available. These portals are free to use and typically require the arrestee's first and last name or booking ID for a search. However, the agency's arrest log limits records to offenders arrested by that specific agency. Alternatively, individuals can visit the local sheriff's office or police department for free access to recent arrest records.
How Long Do Arrests Stay on Your Record in Wisconsin?
It depends. Multiple factors influence how long law enforcement agencies keep records of arrests, including statutory requirements, the type of offense, and internal agency policies. Generally, the nature of the crime committed and the applicable statutes of limitation determine how long a person's arrest will stay on their record.
Previously, arrests, once documented, would remain on Consolidated Court Action Programs (CCAP) indefinitely. However, since March 30, 2018, records of criminal cases (arrests included) that ended in dismissal or acquittal have been removed or destroyed from CCAP after two years. For arrest records maintained by law enforcement agencies, retention time can vary by agency, albeit for a significant period or indefinitely. However, on online databases such as CCAP or court records, such records would not be available if the statutes of limitation apply.
How to Seal Arrest Record in Wisconsin
Per Wisconsin Revised Statutes, sealing an arrest record protects the record from public access by making it confidential. Sealing a record does not erase the record, but it limits who can view it and under what circumstances. The procedure for sealing an arrest record involves the steps described below per Chapter 801 of the Wisconsin Statutes.
- File a Motion to Seal: The individual must file a motion to seal at the court clerk’s office in the county where the arrest happened.
- Court Restricts Public Access: Once the motion is filed, the court restricts public access to the arrest record until it rules on the motion.
- Serve the Motion: The court will serve the motion to seal on all parties involved in the case. This may include the prosecutor, law enforcement, and any other relevant parties.
- Court Evaluation: The court will evaluate the motion and consider whether there is reasonable cause to seal the record, following the applicable laws.
- Court Decision: The court will make a decision on the motion to seal. If the court grants the order to seal the record, the arrest document will be marked as closed.
States