Search Wisconsin Arrest Records Online

What is Considered an Arrest in Wisconsin?
Are Arrest Records Public in Wisconsin?
What are the Types of Arrest Records in Wisconsin?
How Long Do Arrests Stay on the Record in Wisconsin?
How To Seal or Expunge an Arrest Record in Wisconsin?

What is Considered an Arrest in Wisconsin?

Arrest in Wisconsin generally occurs when law enforcement officers or other persons authorized by law take a person into custody to bring them before the courts to answer for crimes committed. The laws regulating arrests in Wisconsin are set out in Chapter 968 of the Wisconsin Statutes. Per Section 968.07 of the state code, an arrest occurs when enforcement officers with a warrant or probable cause restrict a person's freedom.

Article I, Section 11 of the Wisconsin Constitution closely aligns with the protections offered by the Fourth Amendment. Although Section 968.14 of the Wisconsin Statutes permits law enforcement officers to use any force necessary to execute a warrant, the Fourth Amendment protects individuals from unreasonable searches and seizures by law enforcement officers. The law generally suggests that while force may be required to execute the warrant, excessive force violates the Fourth Amendment's protection against unreasonable seizures.

The following are components of Wisconsin arrest laws. They typically provide structure and safeguards for both law enforcement officers and the public.

Custody and Control: Persons under arrest are generally under the custody and control of law enforcement. During custody, law enforcement officers restrict a person's freedom, and arrested persons are under the physical control of law enforcement.
Legal Authority: Legal authority comes from warrants or probable cause. Officers may arrest someone based on a warrant issued by a judge per Section 968.04 of the Wisconsin Statutes. Also, officers typically have the legal authority to arrest someone without a warrant if they believe a crime has been committed.
Miranda Rights: During arrests, law enforcement must inform arrested persons of their Miranda rights, protected by the Fifth Amendment right against self-incrimination. Arrested persons must be read their right to remain silent, their right to know anything said can be used against them in court, their right to an attorney, and their right to a state-appointed attorney if they cannot afford one.
Restraint and Transport: Wisconsin law generally permits law enforcement to physically restrain arrested persons to prevent their escape while ensuring their safety. Usually, police officers use handcuffs as restraints regardless of the severity of the crime. While Wisconsin law permits using force to restrain arrested persons, excessive force is unjustified. Once restrained, law enforcement officers convey arrested persons to the detention facility while ensuring their safety and protecting their rights.
Booking Process: The booking process generally commences on arrival at the detention facility. Booking the suspect formalizes the arrest and documents the individual's identity and the charges against them.

Various scenarios may lead to a lawful arrest in Wisconsin. For instance, someone suspected of burglary may be arrested without a warrant for criminal offenses if law enforcement officers have probable cause to believe that the person committed the crime. Police officers may arrest a person based on a bench warrant issued by the court for failure to appear for a specific criminal charge. Law enforcement agents may arrest a driver if they have probable cause to believe that a traffic offense, such as driving under the influence, was committed.

Arrest and detention involve restricting a person's freedom. Nonetheless, they are different legal concepts. Arrests involve taking a person into custody based on probable cause or an arrest warrant for a crime. The primary purpose of an arrest is to bring the person before the judicial system. Arrests generally lead to formal charges, court appearances, and possibly a trial. Detention of the converse is holding a person temporarily for questioning or investigation without formally charging them with a crime. Detention typically allows law enforcement officers to gather information from an individual without formally charging the person. Detention is brief and may result in release without charges.

What is Unlawful Arrest in Wisconsin?

Unlawful arrests generally occur in Wisconsin when law enforcement officers take a person into custody without proper legal justification or violate a person's constitutional rights. Arrests must adhere to legal standards to ensure that the individual's rights are protected under the law. The following typically constitutes unlawful arrests in Wisconsin:

Lack of Probable Cause: Per Section 968.07(1)(d) of the Wisconsin Statutes, all arrests, warrant and warrantless, must have probable cause. Probable cause implies that there is sufficient proof or information to police officers that leads them to believe the person committed the crime. Arrests made without evidence are unlawful.
Violation of Constitutional Rights: The Fourth Amendment protects citizens against unreasonable searches and seizures. Likewise, Article I, Section 11 of the Wisconsin Constitution, reflects these protections, that any arrests made with excessive force or that infringe on a person's constitutional right are unlawful.
Arrest Without a Warrant: Warrantless arrests are permissible under Wisconsin law. However, arrests without warrants become illegal when there is no evidence or proof to detain the individual. Also, arresting someone without a warrant when one is legally required is unlawful.
Mistaken Identity: Arresting the wrong person is grounds for unlawful arrests. When law enforcement officers fail to verify the identity of persons arrested and the wrong person is detained, the arrest is considered illegal.
Racial Profiling and Discrimination: All arrests based on discriminatory factors, such as race, religion, gender, ethnicity, sexual orientation, or social status, rather than facts or evidence are unlawful

Unlawful arrests violate state and federal laws and typically carry significant legal consequences for law enforcement officers and their agencies. Under the Fourth Amendment, evidence obtained through unlawful arrests is inadmissible in court. Wisconsin courts suppress or exclude evidence obtained following unlawful arrests. Similarly, any charges resulting from illegal arrest may be invalidated by the courts as there is no probable cause where a person's constitutional rights are violated. Furthermore, victims of unlawful arrests may file civil rights lawsuits under 42 U.S.C. § 1983. The law generally permits citizens to sue for violation of their constitutional rights.

Are Arrest Records Public in Wisconsin?

The Wisconsin Public Records Law Wis. Stat. §§ 19.31-19.39 gives citizens the right to access, inspect, and copy records maintained by government agencies, including arrest records maintained by law enforcement agencies. The law generally ensures transparency in law enforcement activities, permitting the public access to information on individuals arrested by police officers across the state. However, while most arrest records are publicly accessible, some records are exempted. Certain arrest records are restricted from the public due to court orders or privacy concerns.

Wisconsin Public Records Law makes the following typical information on arrest reports open to the public, when available:

Personal information of arrested persons, including their names, date of birth, gender, race, height, eye color, and other physical description
Arrest information, including the date and time of the arrest, the location of arrest, the name of the police department or law enforcement agency responsible for the arrest, and the arresting officer's name and badge numbers
Booking information, including mugshots, fingerprints, and case identification numbers
Information relating to the bail amount, the name and location of the detention facility, and the release
Court information such as court dates, case numbers, court orders, and outcomes of the charges

While some states may restrict access to mugshot information on arrest reports to protect individual privacy or prevent misuse of their image, mugshot records are public records in Wisconsin. Mugshots of arrest records are generally accessible by the public unless they are part of a sealed, expunged, or juvenile arrest record.

Despite Wisconsin's Public Records Law, some arrest records or part of the record are not available to the public to protect the individual's privacy, vulnerable population, and sensitive investigations.

Generally, juvenile arrest records are not open for inspection and disclosure in Wisconsin. Per Section 936.396 of the Wisconsin Statutes, juvenile arrest records maintained by law enforcement agencies are restricted from the public and only accessible under specific circumstances by authorized persons.
Sealed and expunged arrest records are inaccessible to the public. While expunged arrest records are erased like they ever occurred, sealed arrest records exist. However, they are closed to the public and only accessible to certain parties, such as law enforcement, certain employers, or the courts.
Some information on arrest records that are part of ongoing investigations is withheld to protect the integrity of the case. Confidential informants, investigation techniques, and witness information are publicly inaccessible.
Sensitive personal information, such as Social Security numbers, medical information, and driver's license numbers, on arrest records are generally closed to the public to prevent fraud or identity theft. Typically, they are redacted to protect privacy violations.

What are the Types of Arrest Records in Wisconsin?

Wisconsin arrest records are categorized based on the agency that creates and maintains the records. Generally, arrest records are created at the county level, the state level, and the Wisconsin courts.

Arrest records at the county level are maintained by local authorities such as the county sheriff's offices and municipal police departments. Cities and towns have dedicated police departments that manage arrests while the county sheriff's offices handle areas outside city jurisdiction.

State law enforcement agencies make arrests for numerous crimes and maintain reports of their arrests. State law enforcement agencies handle arrests related to felonies, tax fraud, licensing violations, state highway crimes, and health and safety violations. At the state level, arrest records are managed by the Wisconsin Department of Justice (DOJ). Arrest records at the state level generally contain a criminal history report, a comprehensive report on an individual's encounter with the state's criminal justice system.

The courts typically maintain arrest records that primarily document the legal proceedings following an individual's arrest. The courts keep arrest-related records such as case files, which include arrest warrants, case proceedings, and criminal complaints filed by police officers following the arrest.

Where are Arrest Records Kept in Wisconsin?

Wisconsin arrest records are generally created and kept by law enforcement agencies at the local, state, and federal levels. The records, generated at the time of the arrest, typically contain comprehensive details about the arrested individual, the circumstances surrounding the arrest, the subsequent legal proceedings, and other relevant information. The following agencies generally keep arrest records in Wisconsin:

Local Law Enforcement Agencies: Local police departments and sheriff's offices maintain records of all arrests occurring in either their jurisdiction
The Wisconsin State Patrol (WSP): The WSP maintains arrest records related to traffic violations such as DUIs, criminal offenses, including drug and human trafficking, and background checks, which include information on arrests made by the patrol
The Wisconsin Department of Justice (DOJ): The DOJ maintains state-level arrest records. Typically, the DOJ compiles and manages criminal records, which include a comprehensive history of arrests, charges, and convictions. Access to arrest records from the DOJ is through the Wisconsin Online Record Check System (WORCS)
Wisconsin Circuit Courts: The courts in Wisconsin keep records of all criminal cases, including those resulting from arrests. Arrest records through the courts are available online through the Case Search.
Correctional Facilities: The Wisconsin Department of Corrections (DOC) and the Federal Correctional Institution, Oxford (FCI Oxford) maintain records of persons incarcerated, on parole, or on probation. However, the records from the DOC differ from police arrest records as they contain arrest information only for individuals sentenced to serve time in prison.
Federal Agencies: Federal agencies such as the Federal Bureau of Investigation (FBI), maintain a national database, the National Crime Information Center (NCIC), which includes arrest records for persons detained for federal offenses or persons with interstate crimes.

How To Find Public Arrest Records in Wisconsin?

There are multiple avenues to find and obtain public arrest records in Wisconsin. These sources typically include:

Criminal Information Bureau

Record Check Unit

P.O. Box 2688

Madison, WI 53701-2688

Local Police Department or County Sheriff's Office: Local law enforcement agencies maintain arrest records for incidents occurring within their jurisdictions. Each county has a records division with its procedure to access arrest records. While some police departments and county sheriff's offices provide access to arrest records through their websites, others require record seekers to obtain the records by filling out a public records request form and submitting it in person or by mail.
Wisconsin Department of Justice: The DOJ's Crime Information Bureau (CIB) provides electronic access to criminal records, which includes arrest records through the WORCS website. Users must create an account to access the records. Record seekers may also complete the Wisconsin Criminal History Single Name Record Request form to request criminal background checks, which typically include arrest records, for a single individual record. There is a $15 fee payable by check or money order. Persons seeking fingerprint-based criminal records must submit a fingerprint card application form alongside the application form. Requests should include a self-addressed, postage-paid envelope. Mail the request to:
Wisconsin Circuit Courts: Where arrests lead to criminal charges and a court case, the arrest records are typically accessible through the courts. The Wisconsin Circuit Court Access (CCAP) System provides access to electronic court records across Wisconsin, including cases that resulted from arrests. Record seekers may search the database by name or case number.
Third-Party Websites: Many third-party websites offer users access to public arrest records. These platforms generally aggregate public records from various governmental sources, including police departments, courts, corrections departments, and sheriff's offices, making it convenient to find arrest records. Trusted platforms like RecordsFinder typically offer users the ease of searching available arrest records across multiple jurisdictions. However, users should exercise caution as records on such platforms may not be current or accurate.

How Long Do Arrests Stay on the Record in Wisconsin?

Arrest records stay permanently on a person's criminal record unless steps are taken to remove them. In Wisconsin, arrest records do not automatically disappear or get erased over time. Instead, the records are kept indefinitely unless the individual actively expunges or seals the records.

How To Seal or Expunge an Arrest Record in Wisconsin?

Although Wisconsin does not automatically seal or expunge arrest records, there are legal avenues that persons eligible may explore to have the records wiped off. In Wisconsin, expungement generally implies the destruction of criminal records, including arrest records, as if the records ever existed. The record is no longer accessible to the public. Sealing arrest records typically does not destroy the record. Instead, sealing restricts public access. The public no longer has access to the arrest report. However, law enforcement officers, certain employers, and the courts may still access sealed arrest records.

Wisconsin's expungement law is governed by Section 973.015 of the Wisconsin Statutes. Per the law, expungement of arrest records is generally limited to the following circumstances:

Expungement is available to only persons under 25 at the time of the arrest.
The crime for which the individual was arrested is a misdemeanor conviction of Class A, B, or C, or Class H and I felonies.
The expungement was ordered by the courts at the time of sentencing. The arrested individuals must request expungement at the time of sentencing, and the court approves it.
The individual has completed the sentence and probation originating from that arrest and has not been arrested for other criminal offenses since the last conviction.

Where an arrest does not result in a conviction for a crime, the charges were dropped, or the person was acquitted, the arrest record does not automatically disappear. Likewise, a pardon for a conviction would not erase the arrest records. Instead, the arrest record holder must petition the courts to have the arrest records expunged.

Persons eligible to have their arrest records expunged may file a petition at the courthouse where the case was handled. Wisconsin courts require requesters to complete the Petition to Expunge Court Record of Conviction form. After filing the petition, the petitioner must distribute copies of the form to the prosecuting attorney and the District Attorney. The court reviews the requests and decides whether to wipe off the records. If approved, state law enforcement agencies restrict public access to the arrest records on their databases.