Wisconsin Criminal Court Records

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    Wisconsin criminal court records are the official documents from a criminal case. They include motions, filings, evidence, hearing transcripts, judgments, and sentencing orders. They are essential for ensuring due process, as they provide a clear record of everything that occurred in the case, and for promoting transparency, as they enable the public to observe how justice is carried out. The clerks of court are responsible for keeping and managing these records on behalf of the courts. Access to these records is guided by Wisconsin law, especially Wisconsin Statutes § 757.14, which says court proceedings are generally open to the public, along with other laws and court rules that make sure sensitive information (like juvenile cases or victim details) is protected when needed.

    Are Criminal Court Records Public in Wisconsin?

    Yes. Criminal court records are generally presumed to be public under Wisconsin law. However, there are important exceptions: case files may be sealed by court order, records can be expunged in certain legally defined situations (such as youthful offenders under Wisconsin Statutes § 973.015(1m) or juvenile adjudications under § 938.355(4m)), and some materials are restricted by statute or placed under protective order to safeguard privacy, victims, or other sensitive interests.

    What Criminal Court Records Contain in Wisconsin

    Typical public criminal court records in Wisconsin include:

    • The defendant's name, case number, and the court location;
    • The criminal charges filed, including the statutes or ordinances alleged to have been violated;
    • The schedule of proceedings (motions, hearings, trial dates);
    • rulings and orders issued by the court during the case;
    • The verdict (if there is a trial) or plea;
    • Sentencing information, if convicted;
    • Any appeals filed or decisions on appeal.

    They do not include confidential or restricted details, such as sealed case files, juvenile adjudications, victim-identifying information that is statutorily protected, or other records excluded by law or protective order.

    Wisconsin Criminal Court Records Search

    Wisconsin criminal court records can be accessed through several different avenues. The primary starting point is the Wisconsin Circuit Court Access (WCCA) portal, which provides statewide access to case information. Anyone can search online by case number, party name, or filing date to see case summaries and docket activity.

    At the local level, individual county courts also provide access to these records. For example, Milwaukee County, Dane County, and Brown County all make criminal case records available through their clerks of court. Some counties link directly to the WCCA system, while others may have their own eAccess platforms or public terminals at the courthouse.

    When someone needs official or certified copies of criminal court documents, they must typically visit the courthouse where the case was filed. At the clerk of court's office, staff may locate the file and provide copies, but the person requesting them should expect to pay fees. For instance, requesters must pay $1.25 per page for copies and $5 per document for certification in Brown County. In Ozaukee County, the rates are similar, with a standard rate of about $1.25 per page for regular documents, plus an additional $5 if certification is required. There are also slightly lower fees for probate records.

    Free Access to Criminal Court Records in Wisconsin

    People in Wisconsin can access criminal court records for free in several ways. The Wisconsin Circuit Court Access (WCCA) site is the most widely used, providing the public with the ability to look up case information and view the register of actions, which outlines key steps and decisions in a case. Courthouses also provide public computer terminals, where visitors can search records directly in the court's system at no charge.

    That said, free access has its limits. Many older cases are not available online, and supporting exhibits are usually not included. If one needs printed or certified copies, the clerk's office will charge a fee. For individuals who cannot afford these costs, Wisconsin court rules permit fee waivers if the applicant demonstrates financial hardship.

    Sealing and Expungement of Criminal Court Records in Wisconsin

    Sealing and expungement in Wisconsin are distinct processes. When a record is sealed, it is not erased; instead, it is hidden from the public, so most people cannot view it. The courts, police, or other authorized agencies can still access it, but it will not appear in public searches. Under Wisconsin law § 801.21, a person can request that the court seal part or all of a record if there is a good reason. However, expungement takes it a step further by clearing certain conviction records so they no longer appear in public searches. Under Wisconsin law § 973.015, a judge can order that certain conviction records be cleared if the person was under 25 at the time of the offense, the crime was minor enough (punishable by six years or less), and the person completed their sentence. Once expunged, the case will no longer appear on public systems, such as Wisconsin Circuit Court Access (WCCA).

    How to Seal Criminal Court Records in Wisconsin

    The process for sealing criminal court records in Wisconsin is typically as follows:

    Determine Eligibility

    First, requesters must check whether the record or document they want to seal is already protected by statute (for example, under Wis. Stat. § 801.19 or § 801.20). If it is not, then sealing or redaction is an option under § 801.21.

    Prepare a Motion to Seal or Redact

    One must file a motion in the court where the case is being handled. In the motion, requesters must specify what they want sealed or redacted (part or whole document, or case), provide the legal authority for sealing, and explain why public access should be restricted.

    Serve the Motion on the Prosecutor (and Other Parties)

    Once the motion is filed, the law requires that it be served on all parties involved in the case. That means the prosecutor, perhaps the victim's counsel, and anyone else legally required to be notified.

    Temporary Seal (if applicable)

    Sometimes, the document or portion one wants sealed is provisionally placed under a temporary seal when the motion is filed through eFiling or via court filing, so that it is not available to the public until the court makes a decision.

    Hearing (if needed)

    The court may hold a hearing on one's motion. The judge will consider arguments from both sides about whether sealing or redacting is justified. The court may require the person seeking to seal a record to post a notice of the hearing, showing details such as the date, time, and purpose of the hearing, on a courthouse bulletin board or other public place, so that the public is aware of it.

    Court Decision / Issuance of Sealing Order

    The judge reviews the request and determines if there is a sufficient legal reason to seal or redact parts of the record. If the request is approved, the judge issues an order that closes off those documents or files from public view and clearly specifies who is still allowed to access them. The public record will show that an order was issued and who signed it, but not the sealed content.

    Effect of Order

    Once the judge issues a sealing order, the sealed content is removed from public access (online, courthouse records, etc.) or redacted accordingly. New filings after that order that fall under it must be handled in compliance (e.g., labelled and sealed). If transcripts or hearing exhibits are involved, they will also be marked or redacted as necessary.

    When someone requests that the court seal a record, they typically must pay filing fees and, if they require official copies, certification costs as well. Sometimes, the court will waive these fees if the person demonstrates that they cannot afford to cover them.

    How to Expunge a Criminal Record in Wisconsin

    Expungement in Wisconsin begins with confirming eligibility, which typically requires that the person has completed their sentence or probation and meets the requirements outlined in Wis. Stat. § 973.015. If eligible, they must file the proper petition or form in the same court that handled sentencing. A copy of the request must be given to the prosecutor. The judge may set a hearing to review the request. If the judge agrees, the court issues an order that clears the person's conviction from public view. Filing costs vary by county, but if the person cannot afford them, they may request that the court waive the fee.

    Criminal Records in Wisconsin vs Court Records

    Criminal records and court records are related, but they are distinct entities. A criminal record is a history maintained by law enforcement or justice agencies, such as the Wisconsin Department of Justice. It shows arrests, charges, convictions, and outcomes from anywhere in the state. Court records, on the other hand, come from the courts during a specific case. They contain documents such as the original case paperwork, requests made by lawyers, the judge's decisions, and the final sentencing instructions.

    Requesting a Wisconsin Criminal History Record

    The Wisconsin Department of Justice is the primary source for obtaining criminal history records. People can request a copy of their own record, but the law does not permit just anyone to view someone else's record. To make a request, a person typically needs to complete the state's official form, submit it online or by mail, and pay a fee.

    How to Request a Wisconsin State Background Check

    The primary method for conducting background checks in Wisconsin is through the Wisconsin Online Record Check System (WORCS). To perform a check using the system, the requester is typically required to complete a form and provide their personal information. Often, they also need to submit fingerprints, either online or on a fingerprint card. Fingerprint-based checks are an ideal option because they help avoid mistakes when two people have similar names. After paying the required fee, the Wisconsin Department of Justice (DOJ) sends the results directly to the person who requested them.

    Active vs Archived Criminal Cases in Wisconsin

    Criminal cases in Wisconsin may be either active or archived. Active cases refer to those that are still ongoing. They show up on current court schedules and on the Wisconsin Circuit Court Access (WCCA) website. Archived cases are older cases that have been completed and stored. These are no longer available on the current online system. To view them, requesters typically have to submit a written request, and it may take additional time for court staff to locate and retrieve them.