Before requesting criminal history record information through the Wisconsin Online Record Check System (WORCS), please review the following information that will help you address incorrect criminal history information.
Mistaken Identity or False Match
If
a background check is requested on a name like your name, ALL names in the database, including aliases, are searched. The search response may return all the criminal history record information that belongs to the person who used a name similar to your name.
Incorrect Charge Information
Sometimes a criminal history report will list convictions inaccurately. To correct these errors or inaccuracies, obtain a certified copy of the judgment of conviction for your case. You can get this from the court where you were convicted.
Send the certified judgment of conviction to CIB along with a Wisconsin Criminal History Challenge Form, explaining why you believe the record is inaccurate. If the authentic documentation submitted supports your request, the record will be changed.
Each criminal history record cycle on a criminal history report may contain several sections: arrest, prosecutor, and court. The charges issued by the district attorney may not be the same as the original arrest charges reported by the arresting agency. This does not qualify the original arrest charges for removal from the criminal history database. It only means that the prosecutor chose to file charges different than the ones reported at the time of the arrest. Court dispositions may also include charges other than those in the arrest or prosecutor sections.
Removal of Arrest Information
In most cases, state law does not permit the removal of arrest information. If an arrest on the record qualifies for removal, you must submit the Fingerprint Record Removal Request (DJ-LE-250B) to CIB.
Eligible for removal:
- Released without charges being filed.
- Not prosecuted by a District Attorney.
- Dismissed by a court.
- Acquitted by a court.
*** All record removal requests are reviewed on a case-by-case basis and have several varying factors. This is not a complete list of eligibility reasons.
Not eligible for removal:
- Any charges that are part of an arrest event resulting in a conviction.
- Expungement of court records.
- Receipt of a Governor’s pardon (executive clemency from the Governor)
- Dispositions of dismissed – read-in: if the case that the dismissed charges were a part of does not result in the person being released without charges.
- Charges amended to a lesser offense resulting in conviction.
*** All record removal requests are reviewed on a case-by-case basis and have several varying factors. This is not a complete list of ineligibility reasons.
Missing or incorrect disposition information
If you believe there is missing or incorrect disposition information in your criminal history report, you may submit a “Judgment of Conviction” or “Order for Dismissal”. These will be issued by the court that handled the case.
You may also submit a letter from the office of the prosecutor that handled the case. This letter should state that the case was not prosecuted.
Many courts have their case information available online at the Wisconsin Circuit Court Access (WCCA) Website.