Wisconsin Public Records

How the Wisconsin Public Records Law Actually Works

Wisconsin's public records law is codified at Wis. Stat. § 19.31 (Wisconsin Public Records Law). It gives any person — resident or not, citizen or not, journalist or not — the right to inspect and copy public records held by state and local agencies. In most cases, you do not have to explain why you want the record.

Response time: 'as soon as practicable and without delay'. The agency's response is not necessarily a deadline to deliver records — it tells you whether the records exist and when they'll be produced.

Fee rules: actual cost; $0.25/page typical; labor only if exceeding 50 records. Agencies cannot inflate charges to discourage requests.

If your request is denied or unreasonably delayed, the law typically provides a mechanism to appeal — either administratively or by filing a petition in state court. Many states award attorney's fees to requesters who prevail on a wrongfully denied request.

What You Cannot Get in Wisconsin (the honest answer)

Many directory sites promise things Wisconsin law specifically restricts. Here's what's actually true:

• Rap sheet access: Worcs public name-based search $7 — among the most open and cheapest. Third-party "instant background check" sites that promise a full Wisconsin criminal history are typically aggregating older court data — not the official state record.
• Sealed and expunged records: records cleared under Wisconsin's expungement law (Wis. Stat. § 973.015) are removed from public criminal history reports.
• Juvenile records are generally confidential under Wisconsin law and not available without court order.
• Active investigation records, attorney-client privileged documents, draft notes, and personnel files are exempt under standard exceptions to the Wisconsin Public Records Law.
• Booking photos (mugshots) have increasingly restricted commercial use across Wisconsin and most states — paid "mugshot removal" sites are exposed to civil liability in many jurisdictions.

Expungement and Record Clearing in Wisconsin

Wisconsin's record-clearing law is found at Wis. Stat. § 973.015.

Eligibility: expungement available only at time of sentencing for offenders under 25 with no prior felony — extremely narrow.

The petition or application is typically filed in the court of conviction. Filing fees, waiting periods, and exclusions vary by offense type — serious violent crimes and most sexual offenses are commonly excluded. Many states are moving toward automatic ("Clean Slate") sealing for qualifying records.

If you believe your Wisconsin record contains an error or includes an offense that should have been cleared, you have the right to challenge it through the state criminal history repository — typically by submitting a written claim with documentation.

How to Get Your Own Wisconsin Criminal Record

If you need your own Wisconsin criminal history — for an employer, a licensing board, an immigration application, or just to know what's there — the state record is maintained by the Wisconsin Department of Justice (WI DOJ) Crime Information Bureau.

Walkthrough:

1. Choose your method: WI DOJ WORCS online $7 (name-based) or fingerprint $20.
2. Complete the required form (most states use a standard request form available from the Wisconsin Department of Justice website).
3. Submit your request along with the fee. Fingerprint-based methods provide the most complete and accurate record but take longer.
4. Turnaround: WORCS online: immediate; fingerprint: 2-3 weeks.
5. Review the response. If you find errors, the law at Wis. Stat. § 165.83 provides procedures for correcting or challenging inaccurate criminal history information.

Fingerprint-based criminal history checks are considered the official record. Name-based checks are faster and cheaper but can miss records or include records belonging to people with similar names — verify identity carefully.

Notable Wisconsin Record Laws You Should Know

• Wis. Stat. § 973.015(1m): Limited expungement eligibility window — must be requested at sentencing.
• Wis. Stat. § 165.83: the statute governing the maintenance, dissemination, and inspection of state criminal history records in Wisconsin.
• Federal interaction: the FBI maintains a separate national criminal history database (the Identification, Information & Investigation Services / NGI). Some Wisconsin background checks include a fingerprint forward to the FBI for $13–$32 additional fee, depending on purpose.