1. Does the state consider other criminal history records beyond the federal list of convictions barring people from becoming foster and/or adoptive parents?
Yes, applicants for foster care will be barred based upon a conviction for a ‘serious crime’ as defined by Wis. Stat. § 48.685(1)(c) unless they can show they have been rehabilitated in accordance with Wis. Admin. Code HFS 112.12. Wis. Stat. § 48.685(4m)(a)(1). Applicants who have been convicted of certain serious crimes are never eligible for a rehabilitation review and will be barred for life, and those who have been convicted of other crimes are not eligible for a period of five years. Wis. Stat. § 48.685(5)(bm). Applicants may also be excluded based on convictions that are substantially related to the care of a client. Wis. Stat. § 48.685(5m); Wis. Admin. Code HFS 12.06. Applicants for adoption will face the same bars if the adoption assistance payments will be provided by an agency. Wis. Stat. 48.88(2)(am)1. Otherwise, applicants for adoption are simply subject to an evaluation of the suitability of their home by an agency. Wis. Stat. 48.88(2)(a).

2. Does the state restrict people from becoming foster and/or adoptive parents for longer than required by federal law?
Yes, for both for foster care and adoption, where payments are made by an agency. The statute is silent on the lengths of the bars of certain crimes so they may operate as lifetime bars unless the agency or entity implements its discretion. Wis. Stat. § 48.685(5)(bm).

3. May applicants be barred by the convictions of other household members?
Yes, household members will be barred if convicted of any “serious crime.” Serious crimes include battery, abuse of vulnerable adults, physical abuse, sexual assault, theft, robbery, and certain weapons-related offenses. Certain drug-and alcohol-related offenses, including driving under the influence, if committed not more than five years before the investigation, will also bar an individual. Wis. Stat. § 48.685(4m)(b)(1).

4. Does the state make individual determinations about an applicant's eligibility based on the criminal record?
Yes, for both foster care and adoption. A licensing agency will make individual determinations about whether or not an applicant for a foster home license is rehabilitated. Wis. Stat. § 48.685(4m)(a)(1); Wis. Admin. Code HFS 112.12. They will also make a determination about whether a crime or delinquency adjudication is substantially related to the job by considering the nature and the scope of the job’s client contact, any pattern of offenses, the length of time elapsed between convictions and the employment decision, and any evidence of rehabilitation. Wis. Admin. Code § HFS 12.06. Furthermore, an applicant for adoption will face an individual determination as to the suitability of their home. Wis. Stat. § 48.88.

1. Is there a time limit after which criminal history information is not reported to non-law enforcement entities for employment purposes?
No. Wis. Stat. §§ 165.83 and .84.

2. Other than the subject and criminal justice agencies, who can obtain records?
The public. Wis. Stat. § 19.35(1) and State of Wisconsin, Division of Law Enforcement Services, Crime Information Bureau: Conducting Criminal Background Checks, available at: http://www.doj.state.wi.us/dles/cib/crimback.asp.

3. What types of records can be disclosed to non-criminal justice agencies?
All adult criminal records, including arrest and disposition information for certain violation, misdemeanor, and felony offenses. Wis. Stat. § 165.83.

4. Are there penalties for violating limitations on dissemination?
No.

5. Are state criminal records available on the internet?
Yes, the Department of Justice’s website contains criminal records dating since 1971 at http://wi-recordcheck.org/. The Wisconsin Supreme Court also administers a network that provides online access to the court records at http://wcca.wicourts.gov.

6. Can state criminal records of arrests not leading to conviction be sealed (including expunged, erased, or purged)?
Upon release from custody without charge or acquittal, individuals may have their fingerprint records returned. Wis. Stat. § 165.84(1).

7. If so, what is the effect of having an arrest sealed?
Individuals may complete a form to have their records expunged following return of their fingerprints. The form is available at http://www.doj.state.wi.us/dles/cib/removeai.asp. If expunged, the records will be destroyed. Wis. Stat. Retention Ct. Recs. Scr. § 72.06.

8. Can criminal conviction records be sealed (including expunged, erased, or purged)?
Adult convictions may not be sealed.

A court may, at the time of sentencing, order that upon successful completion of probation with no subsequent convictions, individuals under twenty-one years of age convicted of offenses for which the maximum sentence is one year imprisonment in the county jail shall receive a certificate of discharge, the effect of which is to expunge the record. If an individual is under the age of eighteen and has been convicted of invasion of privacy, the court must order that his or her record be expunged upon successful completion of the sentence. Wis. Stat. § 973.015.

9. If so, what is the effect of having a conviction sealed?
If ordered by the court, all references to the individual’s name and identity will be eliminated from the record.

1. Does the state revoke or suspend the drivers' licenses of people convicted of drug-related offenses?
Yes, Wisconsin suspends drivers’ licenses following drug-related convictions. Wis. Stat. § 961.50.

2. If so, what crime(s) result in suspension or revocation?
Any violation of the Uniform Controlled Substances Act. Wis. Stat. § 961.50.

3. If so, what is the length of the suspension or revocation?
From six months to five years. Wis. Stat. § 961.50.

4. Does the state offer restricted drivers' licenses for purposes of employment, education, and/or medical care?
Yes, occupational drivers’ licenses are available at any time after the first conviction, after the first sixty days of the suspension or revocation period for the second conviction within five years, and after the first ninety days of the suspension or revocation period for the third or subsequent conviction within five years. Wis. Stat. § 961.50.

1. Can employers ask job applicants about arrests not leading to conviction?
Public and private employers and occupational licensing authorities may not ask about arrests not leading to conviction unless proceedings are pending or the employment depends upon the applicant’s bondability. Wis. Stat. § 111.335(1)(a).

2. Can employers consider arrests not leading to conviction?
Employers may refuse to employ and occupational licensing authorities may deny licensure on the basis of an arrest only if an individual has a pending criminal proceeding which is substantially-related to the particular job or license. Wis. Stat. § 111.335(1)(b).

3. Does the state have standards prohibiting employment discrimination by public employers and occupational licensing agencies based on a conviction record?
Yes, public employers may refuse to employ and occupational licensing authorities may deny licensure to individuals who are not bondable as a result of their criminal convictions and based on felony and misdemeanor convictions that are substantially related to the position or license sought. Occupational licensing authorities may also refuse to license individuals convicted of felony offenses and who have not been pardoned. For a number of specific occupations, a licensing authority may refuse a license on the basis of a felony conviction. Wis. Stat. § 111.335(1)(c)-(cs).

4. Does the state have standards prohibiting employment discrimination by private employers based on a conviction record?
Yes, private employers are governed by the same standard as public employers, above. Wis. Stat. § 111.335(1)(c)-(cs).

5. Does the state restrict people with criminal records from employment in the field of home health care?
Yes, applicants for employment as caregivers in supportive home care services agencies must be barred by convictions for serious crimes, including battery, abuse of vulnerable adults, physical abuse, and sexual assault. Wis. Stat. § 50.065(1)(e)1-(4m). Applicants may also be excluded based on offenses that are substantially related to the care of a client. Wis. Stat. § 50.065(5m). To determine whether a crime or delinquency adjudication is substantially related, the agency or entity may consider factors relating to the job, the offense, and the individual, including the nature and the scope of the job’s client contact, any pattern of offenses, the length of time elapsed between convictions and the employment decision, and any evidence of rehabilitation. Wis. Admin. Code § HFS 12.06.

6. After an individual has been convicted, does the state offer any mechanism to demonstrate that an individual has been rehabilitated?
The governor has the power to grant pardons after conviction. WIS. CONST. art. 5, § 6. A pardon is an extraordinary measure and is rarely granted. Individuals with only felony convictions are eligible to apply five years after completion of the sentence, including probation and/or parole. In addition, a significant and documented need, such as employment, education, or job training, is necessary to be eligible. A pardon forgives the person and restores all rights lost upon conviction, but does not expunge or erase the record. Individuals must still reveal the conviction if asked about it. However, a pardon restores the rights to vote, serve on a jury, hold public office, and to hold various licenses. Executive Clemency Information, available at: http://www.wi-doc.com/PDF_Files/Doyle%20Pardon%20Packet.pdf.

1. Are people with drug-felony convictions dated after 1996 eligible to receive TANF benefits and food stamps?
Yes. Wisconsin has modified the federal drug felon ban. Individuals must submit to drug testing to be eligible for Wisconsin Works (TANF) benefits if convicted of a drug-related felony within five years of application. For a positive test result, the Wisconsin Works agency will reduce the benefit amount by not more than fifteen percent for at least twelve months, or for the remainder of the participation period (if less than twelve months). Drug abuse evaluation, assessment, and treatment may also be required for individuals who test positive for use of a controlled substance. The agency will discontinue the benefit reduction if the individual submits to another test at the end of the twelve-month period and the results are negative. Wis. Stat. § 49.148(4). To be eligible for food stamps, individuals must also submit to drug testing if convicted of a drug-related felony within five years of application. For a positive test result, the Department of Health and Family Services will not consider the individual’s needs in determining the household’s eligibility. The department will consider the individual’s needs in the eligibility determination if he or she submits to another test at the end of the twelve month period and the results are negative. Wis. Stat. § 49.79(5).

1. Does the Housing Authority consider arrests that did not lead to conviction in its admission criteria?
Yes, the Housing Authority of the City of Milwaukee considers arrests. The admissions and continued occupancy policy is available at http://www.hacm.org/agency%20plan%20and%20annual%20reports/ACOP%202007.pdf. The Section 8 administrative policy is available at http://www.hacm.org/agency%20plan%20and%20annual%20reports/Section%208%20Admin%20Plan%20v9-21-05.pdf.

2. Does the Housing Authority make individual determinations about an applicant's eligibility based upon the relevance of the criminal record?
Yes.

3. How long is the conviction bar(s)?
Three to five years for eviction from assisted housing because of drug-related crimes and offenses.

1. Does the state grant people with criminal records the right to vote?
Individuals convicted of a felony, treason, or bribery may not vote unless their civil rights have been restored. An individual’s civil rights are automatically restored by a pardon or upon completion of the sentence. Wis. Stat. § 6.03(1)(b) and § 304.078.