In Wisconsin, Accused Criminals Have Their Information Widely Available

Wisconsin's Consolidated Court Automation Programs (CCAP) website has attracted controversy - and several legislative attempts to limit its publicly available information - over the last several years. Every person accused of a crime in Wisconsin, whether convicted or not, has their information freely available to the public, unrestricted, for 15 years.

While some of this information has always been public, the ease at which anyone can check online for a person's history in court raises serious privacy and discrimination concerns.

An easily available criminal record can make it difficult for those accused of crimes to find employment or social acceptance, even if they were found by the legal system to have done nothing wrong. This is especially true of those accused of sex crimes or other stigmatized offenses. Even if found not guilty, a sex crime charge can make anyone feel convicted in the court of public opinion.

Prejudicial Effect

It is understandable that individuals want to feel safe in their communities and workplaces. However, safety concerns should not go so far as to discriminate against those who have a history in the court system.

For example, it is against the law for a potential or current employer to ask about arrests other than pending charges. It is also against the law for a potential employer to refuse to hire someone convicted of a crime if the crime was unrelated to the job the applicant is seeking. In practice, however, when a background check brings up an arrest or conviction, employers are often tempted to choose other qualified candidates without the criminal record. This is especially damaging during these difficult economic times, when the applicants are often competing with a large number of qualified candidates.

Expungement

Expungement is the removal of a conviction from a person's criminal record. This became significantly easier in Wisconsin after 2009, when new laws allowed expungement for misdemeanors that occurred while under the age of 25; certain non-violent felonies also can now be expunged.

Removing your name and information from public records is also possible, so long as you were only arrested, not convicted. This can be done by filing a form with the Wisconsin Department of Justice.

With the potentially long-lasting ramifications of public records of convictions and arrests, it is vital to retain the services of an experienced criminal defense attorney. Whether you are innocent and need a not-guilty verdict, wish to reduce your conviction to a misdemeanor or if you need your history with the Wisconsin justice system removed from public records, contact a criminal defense lawyer to protect your rights.