Waukesha County Arrest Records

In Waukesha County, arrests typically occur when law enforcement deems that an individual has committed an offense requiring detention due to public safety concerns or ongoing investigations. Arrests also occur when individuals have been issued a warrant of arrest based on probable cause as specified in Wisconsin statutes chapter 968. Arrested individuals are usually held in Waukesha County Jail or Huber Facility, both managed by the Waukesha County Sheriff’s Department. The main Jail is a maximum-security facility that houses both pre-trial and sentenced offenders, while the Huber Facility allows inmates to work, attend school, or receive treatment while serving their sentence under supervision.

The Sheriff's Department is responsible for generating and maintaining arrest records, documenting the date, reason for arrest, and status of the detainees. Arrest records are also part of the Waukesha County Court Records. These records are joined with other public records, including criminal history maintained by the Department of Justice and Court documents from the Circuit Court System.

A suspect undergoes a booking process after arrest. This process is the documentation stage before an individual is placed in custody or allowed on bail. At the booking stage,

• Officers collect the suspect's name, date of birth, gender, and physical characteristics.
• Then, the fingerprint and mugshot is documented.
• Then, the charges for which the individual is arrested are filed.
• The officers also retrieve personal property found with the suspect for safekeeping.
• Thereafter, the inmate is released on bail or placed in the Waukesha County Jail for detention.

For minor offenses, suspects may be released after booking if they post bail or receive a citation in lieu of arrest. For serious offenses like felonies, suspects are held until they appear before a judge for arraignment. Arrest records may be linked to Waukesha County Court Records, which details the proceedings and outcomes of the case. Arrest information may also appear in the criminal history maintained by the Wisconsin Department of Justice (DOJ).

Are Arrest Records Public in Waukesha County?

Per Wisconsin Public Records law, arrest records are generally accessible to the public, but some details may be restricted to protect individual privacy or the integrity of investigations. Information exempt from disclosure includes:

• Ongoing criminal investigations
• Juvenile Data
• Sensitive Personal Data
• Or as such information governed by the Wisconsin Open Records law(Wis. Stat. §19.31-19.39)

However, this exempt information may be disclosed to parties who are part of the investigation, legal representatives to those parties, or a third-party investigator who may be required to use the information contained therein for investigation.

What Do Public Arrest Records Contain?

In the Waukesha County, public records often contain the following information:

• The arrested individual's name, age, and gender
• Date and location of arrest
• Charges filed
• Information on arresting agency
• Case or booking number
• Mugshots, if applicable.

Note: Arrest records do not confirm guilt. They simply provide basic information pending court proceedings.

Waukesha County Arrest Statistics

Waukesha county, Wisconsin as of 2023 has an incarceration rate of 615 per 100,000 residents. The total number of incarcerated persons were 35,000 spread over local jails, state prison and federal prison. Additionally, data released by the Department of Justice show that juvenile arrests dropped from 1,475 in 2017 to 879 in 2021, while adult arrests over the same period dropped from 9,344 to 6,294.

Find Waukesha County Arrest Records

Arrest information in Waukesha County may be found through the following means:

• The local law enforcement agency is in charge of the arrest.
• The Waukesha County Jail inmate search is available on the county's website.
• Wisconsin Department of Corrections inmate locator, which is a statewide resource for finding individuals held in correctional facilities.
• VINE system is for information and updates on offender status.

Free Arrest Record Search in Waukesha County

Free resources for searching arrest records in Waukesha County are available through the following means:

• The Wisconsin Circuit Court Access (WCCA) system is where public access to arrest records may be obtained.
• Additionally, the Waukesha County Sheriff's Office website provides information on recent arrests and inmate information.
• Certified copies of arrest records may be accessed by visiting the courthouse at 515 W. Moreland Blvd., Waukesha, Wisconsin.
• Third party websites also provide aggregated arrest records which are accessible to the public although fee policy on comprehensive records varies by websites.

Waukesha County Arrest Records Vs. Criminal Records

An arrest record is a formal document generated when an individual is taken into Police custody. It details the circumstances and specifics of an arrest, even if the person is never charged or convicted. Arrest records are usually maintained by the arresting agency, such as the Waukesha County Sheriff's Department or local police departments. These arrest records remain accessible to law enforcement agencies and sometimes to the public.

A Criminal record provides a complete history of an individual's interaction with the criminal justice system, including any convictions. Unlike arrest records, a criminal record includes information on Court rulings and sentencing outcomes, serving as a reflection of the person's criminal background. Criminal records are managed by multiple agencies, including the Wisconsin Department of Justice (DOJ), which maintains the state’s criminal history repository.

How Long Do Arrests Stay on Your Record?

Arrest records stay permanently on an individual's record unless removed through expungement. Even in cases where an individual is not convicted, an arrest record will still be available unless expunged or cleared by specific statutory conditions.

Expunge Waukesha County Arrest Records

Per Wis Stat. § 973.015, individuals may petition to expunge their arrest records if they meet certain criteria. Expungement is the legal process of sealing or removing a criminal or arrest record, ensuring that it is no longer accessible to the public. When an arrest record is expunged, it is sealed from public view, meaning that it will not appear in most background checks and will not be publicly accessible.

Although the records are expunged, law enforcement agencies and certain state agencies may still access them

for specific purposes. Expunged records are treated as though the arrest never occurred. The Wisconsin law limits cases that are eligible for expungement, focusing on youthful offenders and certain nonviolent offenses.

In Waukesha County, the following requirements must be met for an arrest to be expunged.

• The offender must have been under 25 years old at the time the offense was committed.
• Only certain misdemeanor and nonviolent felonies are eligible for expungement. Serious felonies, sexual offenses, and violent crimes typically do not qualify for expungement.
• The individual must have successfully completed their sentence, including probation, parole, or community service, without further violations.
• The judge must have explicitly stated at the time of sentencing that the record will be expunged upon successful completion of the sentence.
• There must be no pending charges or ongoing investigations involving the individual at the tune of the expungement request.

Where the above requirements are met, the individual or their attorney may initiate their expungement process as follows:

• The applicant must request their arrest record from the Waukesha County Clerk of Courts or the Wisconsin Department of Justice.
• If the sentencing Judge approves expungement, the individual must file a petition for expungement once the sentence is successfully completed. The form may be obtained from the Waukesha County Circuit Court or downloaded from the Wisconsin Circuit Court Access (CCAP) system.
• The applicant then submits the completed expungement petition to the Clerk of the Circuit Court along with supporting documents like proof of sentence completion.
• In some cases, the judge may require a hearing to review the petitioner's request eligibility. The judge then considers whether the expungement serves the interest of justice and public safety.
• If the petition is approved, the judge will issue an expungement order that directs law enforcement and court officers to seal the records.
• Once the expungement is granted, the individual is notified, and the relevant law enforcement agencies and courts update their systems to reflect the sealed records.

In Waukesha County, the following arrest records may be expunged:

• Misdemeanor convictions.
• Non-violent felonies committed by individuals under 25 years
• Arrests that did not result in convictions

The following arrest records are ineligible for expungement:

• Serious felonies (Armed robbery, homicide)
• Sexual offenses
• Offenses with mandatory minimum sentences
• Arrests with pending charges or cases where the offender reoffends

Waukesha County Arrest Warrants

Arrest warrants in Waukesha County are issued by a judge based on probable cause that an individual committed an offense. These warrants are executed by the Sheriff's Department on an order of the judge. An arrest warrant includes the following:

• Name of the suspect,( if known)
• Charges to be arrested for
• Condition of release, if possible
• The Judge’s office and signature

However, under Wis. Stat. §968.07, law enforcement officers are authorized to make an arrest without a warrant if they have probable cause to believe a person has committed a felony or that the offense occurred in the officer's presence.

Do Waukesha County Arrest Warrants Expire?

Once an arrest warrant is issued, the suspect must surrender to the Sheriff's Department or be arrested. Arrest warrants under Waukesha County do not expire; they remain active until executed or canceled by the issuing court. However, the court may dismiss some warrants if the charges are dropped or circumstances change.