Wisconsin Background Check Laws (2026 Guide)

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title: "Wisconsin Background Check Laws: What Employers, Landlords, and Applicants Need to Know" description: "Complete guide to Wisconsin background check laws covering [employer screening, the substantial relationship test, FCRA rules, expungement under 973.015, housing checks, caregiver screening, and recent legislative changes."

Overview of Wisconsin Background Check Laws

Wisconsin takes a unique approach to background check regulation. Rather than enacting a standalone employment screening statute, the state integrates criminal history protections into its broader anti-discrimination framework under the Wisconsin Fair Employment Act (WFEA), codified in Chapter 111, Subchapter II of the Wisconsin Statutes.

The cornerstone of Wisconsin background check law is Wis. Stat. 111.335, which prohibits employers from discriminating against applicants or employees based on arrest or conviction records unless specific exceptions apply. This statute works alongside federal protections under the Fair Credit Reporting Act (FCRA) and Title VII of the Civil Rights Act of 1964.

Wisconsin also imposes specialized background check requirements for industries serving vulnerable populations, including healthcare, childcare, and elder care. The Wisconsin Department of Justice (DOJ) operates the Wisconsin Online Record Check System (WORCS), and the Wisconsin Court System maintains the Consolidated Court Automation Programs (CCAP) database for public access to court records.

Understanding these overlapping state and federal rules is essential whether you are an employer conducting pre-hire screening, a landlord evaluating tenants, or an individual preparing for a background check.

Arrest and Conviction Record Protections Under Wis. Stat. 111.335

The Substantial Relationship Standard

Wisconsin law does not permit employers to use blanket criminal history exclusion policies. Under Wis. Stat. 111.335, an employer may refuse to hire, license, or terminate an individual based on a conviction only if the circumstances of the offense substantially relate to the circumstances of the particular job or licensed activity.

This "substantial relationship" test is an objective legal standard, not a measure of the employer's subjective motives. Courts evaluate whether there is meaningful overlap between the context of the criminal offense and the context of the job. For example, a theft conviction is substantially related to a cashier position, and a drunk driving offense is substantially related to a commercial driving role.

The standard focuses on the circumstances that foster criminal behavior, such as the opportunity for misconduct, the individual's reaction to responsibility, and character traits revealed by the offense. It does not require a detailed analysis of every fact of the criminal case.

Restrictions on Arrest Records

Wisconsin law provides strong protections for individuals with arrest records that did not result in convictions. Under Wis. Stat. 111.335, employers generally cannot discriminate based on an arrest record, with limited exceptions.

Employers may consider an arrest record only in the following situations:

• The charges are still pending and the circumstances substantially relate to the job
• Employment depends on the individual being bondable under a standard fidelity bond
• An equivalent bond is required by law for the position

The Wisconsin Department of Workforce Development (DWD) Equal Rights Division enforces these protections. Individuals who believe they have been discriminated against based on an arrest or conviction record may file a complaint with the DWD.

Municipal Citations as Arrest Records

In a significant ruling, the Wisconsin Supreme Court held that non-criminal municipal citations count as "arrest records" under the WFEA. This means that even minor citations, such as municipal ordinance violations, may not be used in employment decisions without the employer first conducting an individualized assessment under the substantial relationship standard.

Ban the Box in Wisconsin

State-Level Status

Wisconsin does not have a comprehensive statewide Ban the Box law that applies to all private employers. Private companies in Wisconsin may ask about criminal history at any point during the hiring process, including on the initial job application.

However, the state has implemented a partial Ban the Box policy for state government positions. State employers cannot ask about criminal history on initial job applications and may only inquire about criminal background after determining that an applicant is otherwise qualified for the position.

Madison Fair Chance Ordinance

The City of Madison has a Ban the Box ordinance that restricts how employers can inquire about criminal history. Key provisions include:

• Contractors with service contracts of $25,000 or more, along with public works contractors, must refrain from including criminal history questions on job applications
• These employers may not ask about criminal history during interviews
• Background checks may be conducted only after making a conditional job offer

Madison also amended its Equal Opportunity Ordinance to align with the WFEA by removing a previous three-year limitation on which offenses employers could consider. The ordinance now requires an individualized assessment consistent with the substantial relationship test.

Milwaukee County

Milwaukee County passed an ordinance in 2016 removing questions about criminal history from initial county employment applications. This policy applies to county government hiring but does not extend to private employers within Milwaukee County.

Practical Implications for Employers

Even without a statewide private-sector Ban the Box mandate, many Wisconsin employers voluntarily delay criminal history inquiries. This approach broadens the candidate pool and reduces the risk of discrimination claims under both the WFEA and Title VII. The Equal Employment Opportunity Commission (EEOC) has issued guidance recommending that employers consider the nature and gravity of the offense, the time elapsed since the conviction, and the relevance to the job before making hiring decisions based on criminal records.

Lookback Periods and Conviction Reporting Rules

The Seven-Year Rule Under the FCRA

The Fair Credit Reporting Act (FCRA) establishes a seven-year lookback period for certain types of negative information reported by consumer reporting agencies (CRAs). Under 15 U.S.C. Section 1681c, CRAs generally cannot report the following items if they are more than seven years old:

• Arrests that did not result in a conviction
• Civil suits and civil judgments
• Tax liens (from the date of payment)
• Accounts placed for collection
• Other adverse items (excluding criminal convictions)

This seven-year limit applies to background checks conducted by third-party screening companies for positions with an annual salary below $75,000.

No State-Imposed Time Limit on Convictions

Wisconsin does not impose a state-level time limit on the reporting of criminal convictions. Felony and misdemeanor convictions can appear on a background check indefinitely, regardless of how old the conviction is.

This means a conviction from decades ago may still surface on a Wisconsin background check. The only relief from perpetual reporting is through expungement under Wis. Stat. 973.015 or a gubernatorial pardon.

The $75,000 Salary Exception

For positions where the annual salary is reasonably expected to equal or exceed $75,000, even the FCRA seven-year reporting limit on non-conviction records does not apply. CRAs may report arrests, civil judgments, and other adverse information regardless of age for higher-paying positions.

FCRA Requirements for Wisconsin Employers

Wisconsin employers that use a third-party CRA to conduct background checks must follow all federal FCRA requirements. These apply in addition to the state-level protections under Wis. Stat. 111.335.

Before the Background Check

Employers must provide a clear and conspicuous written disclosure to the applicant or employee, informing them that a background check may be conducted. This disclosure must be a standalone document, separate from the job application.

The applicant must provide written authorization consenting to the background check before it is initiated.

When Taking Adverse Action

If an employer decides not to hire, promote, or retain someone based in whole or in part on the results of a background check, the employer must follow the FCRA adverse action process:

1. Pre-adverse action notice. Before making a final decision, the employer must provide the individual with a copy of the background check report and a summary of their rights under the FCRA.

2. Waiting period. The employer must give the individual a reasonable amount of time (typically five business days) to review the report and dispute any inaccuracies.

3. Final adverse action notice. If the employer proceeds with the adverse decision, a second notice must be sent. This notice must include the name and contact information of the CRA that provided the report, a statement that the CRA did not make the adverse decision, and notice of the individual's right to obtain a free copy of the report and to dispute its accuracy.

Non-Discrimination Requirements

Background checks in Wisconsin must comply with both the WFEA and Title VII of the Civil Rights Act. The EEOC has stated that blanket policies excluding all applicants with criminal records can have a disparate impact on protected groups and may violate Title VII.

Employer Background Checks

What Employers Can Check

Wisconsin employers conducting background checks through a CRA or directly may review:

• Criminal conviction records (no time limit)
• Arrest records (seven-year limit for positions under $75,000, and subject to Wis. Stat. 111.335 restrictions)
• Employment and education verification
• Motor vehicle records
• Professional license verification
• Credit history (where relevant to the position)
• Sex offender registry status
• Drug testing results

Industry-Specific Requirements

Certain industries in Wisconsin require more rigorous screening mandated by state and federal law.

Healthcare and Caregiving. Under Wis. Stat. 50.065, entities regulated by the Wisconsin Department of Health Services (DHS) must conduct caregiver background checks for employees and contractors who have regular, direct contact with clients. Background checks are required at the time of hire, when there is a change in circumstances, and at least every four years thereafter.

The Wisconsin DHS maintains a list of offenses that bar caregiver employment. Serious offenses such as violent crimes, sexual offenses, and abuse or neglect result in permanent bars unless the individual is approved through the Rehabilitation Review process. Background checks are conducted through the DOJ WORCS system at a cost of $15 per person.

Childcare. The Wisconsin Department of Children and Families (DCF) requires fingerprint-based background checks for childcare providers. The process includes both a DOJ name-based check ($10 fee) and FBI fingerprint-based screening.

Education. Teachers and school staff in Wisconsin must undergo background checks as a condition of licensure through the Wisconsin Department of Public Instruction (DPI).

Firearms. Under Wis. Stat. 175.35, firearms dealers must request a firearms restrictions record search through the Wisconsin DOJ before completing a handgun sale. The DOJ searches its criminal history database, mental health records, and the National Instant Criminal Background Check System (NICS) to determine whether the buyer is prohibited from possessing firearms under Wis. Stat. 941.29.

Housing and Tenant Background Checks

Landlord Rights in Wisconsin

Wisconsin landlords are permitted to conduct background checks on prospective tenants, including criminal history checks, credit checks, rental history verification, employment verification, and income verification. There is no state statute that broadly restricts what landlords can review in a tenant screening report.

Consent and Fair Housing

Before running a background check, landlords must obtain written consent from the applicant, consistent with FCRA requirements when using a third-party screening service.

Wisconsin landlords must comply with both federal and state fair housing laws. Under the federal Fair Housing Act and the Wisconsin Open Housing Law (Wis. Stat. 106.50), landlords may not discriminate based on race, color, religion, sex, national origin, familial status, disability, ancestry, sexual orientation, marital status, lawful source of income, age, or status as a victim of domestic abuse, sexual assault, or stalking.

HUD Guidance on Criminal History

The U.S. Department of Housing and Urban Development (HUD) has issued guidance clarifying that blanket policies denying all applicants with any criminal history may violate the Fair Housing Act because of their disparate impact on protected classes.

Landlords may deny applicants based on criminal history only if they conduct an individualized assessment considering:

• The nature and severity of the criminal conduct
• The amount of time that has passed since the offense
• The nature of the tenancy and other relevant factors

The one explicit exception is that landlords may maintain a blanket policy denying applicants convicted of manufacturing or distributing illegal drugs.

Application Fees

Under Wisconsin law, landlords may charge an application fee to cover the actual cost of conducting background and credit checks. The maximum fee a landlord may charge is $25 per screening. If requested, landlords must provide the applicant with a copy of the screening report.

Local Ordinances

Madison and Milwaukee have local ordinances that impose additional restrictions on how landlords can use criminal history information in tenant screening. Landlords operating in these cities should review the local rules in addition to state and federal requirements.

Professional Licensing Background Checks

Wisconsin requires background checks for a wide range of professional licenses. The Wisconsin Department of Safety and Professional Services (DSPS) administers licensing for over 200 credential types, and many require criminal background checks as part of the application process.

The Substantial Relationship Standard for Licensing

Under Wis. Stat. 111.335, the same substantial relationship test that applies to employment decisions also applies to licensing decisions. A licensing board may deny a license based on a conviction only if the circumstances of the offense substantially relate to the circumstances of the licensed activity.

This means that a conviction for financial fraud may bar someone from obtaining an insurance license, but that same conviction would not necessarily prevent licensure in a field unrelated to financial transactions.

Process and Fees

Background check fees vary by license type and the level of screening required. The Wisconsin DOJ charges $15 per name-based background check through WORCS. Fingerprint-based checks through the FBI carry additional fees.

Wisconsin Court Records and Public Access

CCAP (Consolidated Court Automation Programs)

The Wisconsin Court System maintains the Wisconsin Circuit Court Access (WCCA) website, which provides free public access to circuit court case records throughout the state. This online database, powered by CCAP, has been in operation since 1987 and allows users to search for case information by name, case number, or other criteria.

WCCA displays case information including case numbers, party names, charges, and outcomes. However, a WCCA search has important limitations:

• Some older cases were not included when circuit courts automated their records
• Some records are removed from CCAP after a specified period as required by law or court order
• WCCA is not the same as an official DOJ criminal history record check

DOJ Criminal History Records

For a comprehensive criminal history report, individuals and authorized entities should use the Wisconsin DOJ Background Check and Criminal History Information system. The DOJ maintains a computerized criminal history database containing arrest records, charges, prosecutions, court findings, sentences, and correctional system information compiled from Wisconsin law enforcement agencies, prosecutors, circuit courts, and the Department of Corrections.

Open Records Law

Wisconsin's Public Records Law (Wis. Stat. 19.31-19.39) establishes a strong presumption of public access to government records. Criminal justice records maintained by law enforcement agencies and courts are generally accessible to the public upon request, though certain exemptions may apply for ongoing investigations or other narrowly defined circumstances.

Expungement Under Wis. Stat. 973.015

Current Eligibility Requirements

Wisconsin's expungement law, Wis. Stat. 973.015, provides a limited pathway for clearing certain criminal records. Under current law, eligibility for expungement requires meeting all of the following conditions:

• The person was under age 25 at the time the offense was committed
• The maximum period of imprisonment for the offense is six years or less (Class H felony or below)
• The court determines that the person will benefit from expungement
• The court determines that society will not be harmed by the expungement

Key Limitations

Wisconsin's expungement process differs from most other states in several important ways:

Timing of the decision. The sentencing court must decide whether to order expungement at the time of sentencing, not after the sentence is completed. If the judge does not order expungement at sentencing, the defendant cannot petition for it later under current law. The actual expungement takes effect only after the defendant successfully completes the sentence.

No post-conviction petitions for most cases. Unlike the majority of states, Wisconsin does not allow individuals to petition for expungement after completing their sentence if the sentencing judge did not include an expungement order at the time of sentencing.

Age restriction. The under-25 requirement excludes the majority of individuals convicted of criminal offenses, as most convictions occur among individuals over age 25.

Ineligible Offenses

The following types of offenses cannot be expunged even if other eligibility criteria are met:

• Felonies classified above Class H (punishable by more than six years)
• Violent felonies
• Offenses where the person has a prior felony conviction
• Stalking offenses
• Intentional or reckless physical abuse of a child
• Sexual assault by a school staff member or volunteer

Special Expungement for Trafficking Victims

Under Wis. Stat. 973.015(2m), a person convicted of prostitution (Wis. Stat. 944.30) may petition the court to vacate the conviction or expunge the record at any time if the person committed the offense as a direct result of being a victim of human trafficking. This provision has no age restriction or timing limitation.

Effect of Expungement

When a record is expunged in Wisconsin, the court record is physically removed. However, DOJ records and any records held by law enforcement agencies are not automatically purged. The expunged offense is not considered a conviction for employment discrimination purposes under the WFEA.

Recent Changes and Developments

Several recent developments have shaped the background check landscape in Wisconsin.

2023 Expungement Reform Efforts (AB 37/SB 38). The Wisconsin Legislature considered Assembly Bill 37 and Senate Bill 38, which would have removed the under-25 age requirement for expungement, allowed post-sentence petitions for the first time, and made expunged crimes not count as convictions for employment purposes. The legislation failed to pass both chambers during the 2023-2024 session.

2025-2026 Budget Proposal. Similar expungement reform language has been included in the 2025-2026 biennial budget proposal. The proposal would remove the age 25 requirement, allow petitions one year after sentence completion, and add employment protections for individuals with expunged records. As of March 2026, this legislation remains pending.

Wisconsin Supreme Court Ruling on Municipal Citations. The court expanded the definition of "arrest record" under the WFEA to include non-criminal municipal citations, broadening protections for individuals in employment screening.

Federal FTC and CFPB Enforcement. The Federal Trade Commission and Consumer Financial Protection Bureau have increased enforcement of FCRA requirements nationwide, resulting in significant penalties for CRAs and employers that fail to follow proper disclosure, consent, and adverse action procedures. Wisconsin employers should ensure their screening processes fully comply with current federal standards.

EEOC Guidance on Criminal Records. The EEOC continues to emphasize that blanket criminal record exclusion policies may violate Title VII. Employers in Wisconsin should conduct individualized assessments that consider the nature of the offense, the time elapsed, and the relevance to the position, which aligns with Wisconsin's existing substantial relationship test under Wis. Stat. 111.335.

Frequently Asked Questions

Sources and References