Criminal Background Check Resources

Carefully read the entire explanation and the Wisconsin Criminal History Record response. This will help determine if the record belongs to the correct person. The identifying data provided in the search request will also be on the cover page of the search response.

• DO NOT assume the record returned belongs to the subject searched.
  

• Understand that the results of a criminal history search are effective and current only up to the date and time of the search.
  

• The name following the "identification" label is the "master name". This is a name the fingerprinted person used the first time their fingerprints were summitted to CIB. This may or may not be the real name of the fingerprinted person.
  
• Other names used by the person identified will be in the "alias names/fraudulent data" section. It is common for criminal offenders to use an alias, fraudulent names, and false dates of birth.
• If the name submitted is different from the "master name", the record might belong to someone else.
  

• If an alias or fraudulent name is similar to the "master name,” that does not mean that they have a criminal history. It could be that the person used a name like a name you submitted for searching.
  

• If the name you submitted is the same as the "master n​ame", it does not mean that the record is their record. It could belong to a person whose name and other identifying information are the same. This can be caused by a person using an alias during initial fingerprinting.

Background search requests submitted via form DJ-LE-250 ​will be returned by U.S. Mail with a record attached or a statement of “no record found”.

Name-based checks use non-unique identifying data, such as name and date of birth. Multiple persons can share a name and date of birth. This makes them less reliable than fingerprint-based checks. In some cases, a name-based check may pull up a criminal record that does not belong to the subject of the search.

To determine whether the Wisconsin criminal history record response belongs to the person whose name and other identifying information you submitted, compare the information reported on the response to the other information you have obtained about that person.

• Sex
• Race
• Date of birth
• Height
• Weight
• Place of birth
• Available mugshot/photograph, etc.

Inconsistencies may indicate that the criminal history response does not belong to the person whose name and other identifying information you submitted. You may need to ask for clarification from the person.

It may violate state law to discriminate against a job applicant because of an arrest or conviction record. An employer may refuse to hire based on a conviction record only if the circumstances of the offense are related to a particular job.

Department of Workforce Developmen​t Arrest and Conviction​​ Record

Before you make a final decision based on a person’s criminal history response, please notify the applicant of:

• Their right to challenge the accuracy and completeness of any information in the criminal history record
  
  
• The process for submitting a challenge. This information can be found in the challenging criminal history record section.
• They can also contact the Criminal History Team at (608) 266 -7314 for help with this process.

If you believe that a criminal history request is referencing a different person, you can submit a criminal history challenge for review by the Crime Information Bureau (CIB).

To do so, you must submit a completed applicant fingerprint card (FD-258).

The data required for this submission includes:

• Full name
• Sex
• Race
• Date of birth
• Reason fingerprinted (e.g., record challenge)
• Information about the official capturing the fingerprints

This fingerprint card must be submitted along with a completed Wisconsin Criminal History Challenge Form (DJ-LE-247) to the address listed on the challenge form. Fingerprint cards should not be folded for mailing.

There is no fee from the Wisconsin Department of Justice to request a challenge, however, local agencies may charge fees for fingerprinting services.

The Wisconsin Department of Justice uses a Wisconsin Unique Personal Identification Number (WiUPIN). This number is assigned to individuals who have successfully challenged a criminal history record.

CIB will compare your fingerprints with the fingerprints of the person who gave a similar name in connection with an arrest reported. If the fingerprints are not the same, you will get a WiUPIN letter.

The WiUPIN may be included in the search data provided. If the WiUPIN is included, it will be used to remove any arrest and/or conviction record that has been successfully challenged.

If someone has used your identity during an arrest, or if someone has a very similar name and date of birth as you, you can challenge the arrest and/or conviction record.

To do so you must complete and submit the criminal history challenge form. When submitting this form make sure to check the Mistaken Identity/False Match option.

A set of fingerprints captured by a law enforcement agency must be submitted with your challenge for fingerprint comparison.

Challenge Form:

Wisconsin DOJ Challenge Form (DJ-LE-247)

Legal Advice or Representation

Wisconsin law does not authorize the Attorney General and employees of the Department of Justice to provide legal advice to private individuals. If you need legal advice or representation you may want to contact a private attorney. The State Bar of Wisconsin Lawyer Referral and Information Service​ can help you determine if you need a lawyer, and how to proceed if you do.

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.

To prove that you are not the subject of the criminal history reported, you may submit a Wisconsin Criminal History Challenge Form. Furthermore, please review the "Challenging a Criminal History Record" section above.

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.

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.

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.