Wisconsin Arrest Records

A Wisconsin arrest record is an official document that details an individual's apprehension by law enforcement. Under Wisconsin Statutes. § 968.07, a law enforcement officer is authorized to arrest a person when a warrant has been issued or there are reasonable grounds to believe that an individual is committing or has committed a crime. Following the arrest, law enforcement takes the suspect into custody for the booking process.

The booking process typically involves:

• Recording the suspect's name and the alleged offense
• Taking a mugshot
• Collecting fingerprints and DNA samples
• Conducting a health screening
• Securing the arrestee's personal belongings.

Law enforcement records the details gathered during the booking process to create a Wisconsin arrest record. An arrest record in Wisconsin may be part of a broader criminal history report that includes details about prosecution, court outcomes, and sentencing, only if the arrest results in formal charges and a conviction. Compiled records are typically maintained by responsible law enforcement agencies, such as:

• The Milwaukee Police Department (MPD),
• The Dane County Sheriff's Office,
• The Brown County Sheriff's Office,
• The Waukesha Police Department.

Arrest records provide inquirers with information about whether a person has been arrested, where the arrest occurred, and help assess if the incident poses a safety concern or is relatively minor.

Are Arrest Records Public in Wisconsin?

Yes. According to the State Public Records Law (Wis. Stat. § 19.35), arrest records are public in Wisconsin. As such, anyone may access arrest records by submitting a request to the records custodian if they meet the conditions set forth by the Wisconsin Legislature. However, the right to publicly inspect or copy arrest records does not apply to confidential or expunged information.

These records are generally accessible only to a limited group, such as the record holder, legal representatives, or law enforcement officials. Additionally, restricted arrest records may only be disclosed to the public with a court order. Wisconsin considers the following arrest records confidential:

• Juvenile arrest records (Wis. Stat. § 938.396)
• Investigatory records
• Personally identifiable information contained in an arrest record that may identify a confidential informant or endanger a person's life
• Arrest fingerprint records without charges or dismissed cases.

Wisconsin Arrest Statistics

Data from the FBI's Uniform Crime Reporting (UCR) program, based on submissions from Wisconsin law enforcement agencies, shows that 197,157 arrests were recorded in 2022. This marks a 2.7% increase from the 2023 total of 202,498 arrests. Between 2022 and 2023, Wisconsin law enforcement agencies reported 270,776 arrests of males and 117,302 of females.

Wisconsin Arrest Offense Rates Between 2022 and 2023

Find Public Arrest Records in Wisconsin

Each law enforcement agency in Wisconsin has unique guidelines on how individuals can request arrest records in its custody. However, in most cases, inquirers will find public arrest records in Wisconsin by following these steps:

Step 1: Identify the records custodian: Depending on where the arrest occurred and the nature of the offense, arrest records may be in the custody of local police departments, county sheriff's offices, or the Wisconsin Department of Justice (WisDOJ). Local police departments in Wisconsin generally do not keep records for incidents that occur outside their jurisdictions.

Step 2: Identify the procedures and fees for requesting the records. After determining the custodian in charge of an arrest record, the next step is to examine their procedure for requesting records. Most law enforcement agencies publish information on arrest records request procedures on their website. Some offices provide specific phone numbers, email addresses, or fax lines that individuals can use to inquire about obtaining Wisconsin arrest records or any associated fees.

Step 3: Submit the request. Depending on the record custodian, there are different ways of submitting an arrest record request. For example, through the Wisconsin Online Record Check System WORCS, authorized users can securely request and receive comprehensive criminal background checks, covering arrest history, court findings, and sentencing details. On the other hand, City Police Departments and County Sheriff's Offices provide access to arrest records online, by phone, fax, mail, or in person.

Some law enforcement agencies offer online portals that allow users to search for arrests by name, while others simply post a list of individuals currently in their custody on their websites. If the record custodian does not have an online portal or arrest roster, a form may be available in the records section of the agency's website to submit a mail request for arrest records. In-person requests involve visiting the record custodian during office hours to request a copy of an arrest record. Inquirers will first need to confirm the custodian's address and request an appointment (if applicable) before visiting. Record staff would request basic information about the arrest, such as the arrestee's name, arrest date, or arrest number, to proceed with the request.

Step 4: Pay the necessary fees: Record custodians can only disseminate copies of arrest records when the appropriate fees have been paid. These fees differ by agency. For example, the WisDOJ charges between $5 and $15 for requesting arrest records (Wis. Stat. § 165.82). City Police departments typically disseminate arrest records for about $3.

In certain instances, a court can issue a subpoena requiring a law enforcement agency to disclose non-public arrest records within a reasonable time. The law enforcement agency will examine the requested record and decide if a specific response to the subpoena is necessary. This response can be a protective order or a motion to quash the subpoena. Where there are no exceptional circumstances, the confidential record will be sent to the court that issued the subpoena.

How to Look up Arrest Records Online in Wisconsin

Most law enforcement agencies in Wisconsin offer online access to arrest records. For instance, the Dane County Sheriff's Office provides a Current Resident List that allows individuals to search for arrest information of those currently incarcerated. Likewise, the City of Janesville Police Department publishes monthly Adult Arrest Reports through links Available on a designated webpage. Interested individuals may also access recent Wisconsin arrest records through third-party online platforms. Basic information, like the arrestee's name and age, is typically required to initiate the request. However, more information may be necessary to narrow the search. The search provides basic arrest information at no charge, while more detailed searches require a fee.

What is Included in Wisconsin Arrest Records?

Wisconsin arrest records generally contain various details that describe the circumstances surrounding an individual's arrest and, in some cases, the resulting legal outcomes. Law enforcement agencies compile these records, and they may be available to the public upon request. A typical arrest record contains the following information:

• The arrestee's personal information
• Identifying information about the arrestee ( age, sex, race, height, weight, hair, and eye color)
• Arresting agency
• Arrest type
• Booking information (mugshot, fingerprints, booking ID, personal property logged)
• Arrest date, time, and location
• Arrest charges
• Description of statute violation
• Bail/bond information.

How Long Do Arrests Stay on Your Record in Wisconsin?

In Wisconsin, arrest records of individuals convicted of a crime generally remain on file alongside the conviction. However, public access to arrest records can be restricted through expungement. This means employers, landlords, and the general public will not see the person's arrest records when running a background check. Individuals should note that arrest information of persons displayed on the Wisconsin Circuit Court Access (WCCA) Website has a record retention schedule. Arrests for misdemeanor offenses are retained for 20 years, but arrests for felony offenses are retained for 50 years. Arrests for Class A felony crimes are retained for 75 years.

Expunge an Arrest Record in Wisconsin

In Wisconsin, expungement involves sealing an arrest record from public access, making it unavailable without a court order. Wisconsin differs from other states in that the timing of expungement is of concern. Arrestees can request an expungement of their arrest records during sentencing. Wisconsin law does not allow individuals to petition for expungement after they have been sentenced. A judge may order that a person's arrest record be expunged if specific eligibility requirements are met and the person has completed their sentence. Expungement is available only for:

Per Wis. Stats. 973.015, Expungement is available only for:

• Misdemeanors or non-violent felonies committed by persons under the age of 25, where the maximum term of imprisonment is six years or less, and the sentence has been completed
• Offenses under Wis. Stat. § 942.08(2)(b), (c), or (d), or subsection (3) committed by individuals under the age of 18, with the sentence fully served
• Individuals who committed a commercial sex act are victims of human trafficking as outlined in (Wis. Stat. § 973.015(2m)).

Other than the cases outlined, a judge is unlikely to grant the expungement petition. For example, Wisconsin law does not allow judges to expunge arrest records associated with traffic citations or civil or small claims cases. Additionally, Wisconsin law does not permit the expungement of Class H or I felony conviction records if the arrested person has a prior felony conviction and the current offense is considered violent (as defined in s. 301.048 (2) (bm)).

In Wisconsin, arrest records of individuals placed on probation or sentenced to serve time in jail are typically automatically expunged upon completion of the sentence. However, individuals only sentenced to pay a fine or restitution can request a Circuit Court to expunge their arrest records by submitting a Petition to Expunge Court Record of Conviction (Non-Probation/ Non-Incarceration) form. Furthermore, individuals may submit a Petition to Expunge Court Record of Adjudication/Recommendation of District Attorney form to request the removal of juvenile arrest records.

How Do I Find Recent Arrests in Wisconsin?

In Wisconsin, some law enforcement agencies provide online portals that allow individuals to search for recent arrests. County Sheriff's Offices are a common example, offering inmate search tools that display arrest information. Additional methods for obtaining recent arrest details include submitting requests by phone, email, mail, or visiting the agency in person.

Record custodians typically list designated phone numbers, email and mailing addresses, as well as physical locations on their websites for these services. For example, individuals can obtain arrest records from the City of Madison Police Department by calling (608) 266-4075, faxing (608) 267-1117, mailing a request, or visiting in person during office hours (Monday to Friday, 8:00 a.m. to 4:00 p.m.) at the address listed for the Department's Records Section.

Are Wisconsin Arrest Records Free?

Yes, individuals can access arrest records at no cost through the websites of City Police Departments and County Sheriff's Offices. Many city police departments, such as the City of Beloit Police Department, offer arrest logs for free. Similarly, County Sheriff's Offices frequently offer free access to inmate rosters, such as the Douglas County Sheriff's Office, and inmate locator tools like those provided by the La Crosse County Sheriff's Office. Additionally, some agencies publish arrest logs and wanted notices on-site, and in-person requests to view these records typically do not require any payment.

Interested individuals can also use third-party websites to retrieve basic arrest information at no cost, as comprehensive services might attract a small fee. In most cases, the inquirer must enter a first or last name or any other search criteria that may be required to narrow the search.