The Wisconsin Fair Employment Act prohibits discrimination based on an employee or prospective employee's arrest and conviction record. However, an arrest or conviction record can still create a significant employment barrier for individuals. Wisconsin law allows some individuals to seek relief from the collateral consequences of certain arrests and convictions through pardons, expungement, and arrest record removal.
Pardons
Article V, section 6 of the Wisconsin Constitution grants the governor the exclusive authority to grant pardons, except in cases of treason and impeachment. A pardon is a form of executive clemency that offers forgiveness for a criminal conviction and signals rehabilitation. Pardons restore certain civil rights, such as the ability to hold public office and firearm rights lost due to felony convictions. To be eligible for a pardon:
- The conviction must be a Wisconsin felony.
- At least five years must have passed since the completion of any criminal sentence, including confinement and supervised release (probation, parole, or extended supervision).
- The individual must have no pending criminal cases or charges.
- The individual cannot currently be required to register as a sex offender.
The Pardon Advisory Board reviews applications and conducts hearings for eligible candidates. The board chair has the authority to reject applications and can send applications directly to the governor for review, bypassing the hearing stage.
Expungement
Expungement involves sealing a criminal court record and removing it from public view. However, Wisconsin's expungement law is narrow and provides relief only under specific circumstances:
- The individual seeking expungement must have been under 25 years old at the time of the offense.
- Only misdemeanors and specific low-level, non-violent felonies qualify for expungement.
- The decision to grant expungement must be made explicitly during the sentencing phase.
- The individual must have successfully completed their sentence.
This restrictive approach makes most individuals convicted of crimes ineligible for expungement. Despite these limitations, expunged convictions do not appear on public court databases and cannot be considered by employers.
Arrest Record Removal
Arrest records, even without resulting convictions, can pose significant employment barriers. The Wisconsin Department of Justice maintains records of individuals arrested and fingerprinted upon custody. Under Wis. Stat. § 165.84, "Any person arrested or taken into custody and subsequently released without charge, or cleared of the offense through court proceedings, shall have any fingerprint record taken in connection therewith removed from the department's records upon request."
To remove an arrest record, individuals must submit a request to the Wisconsin Department of Justice's Crime Information Bureau, along with documentation showing the case was dismissed or resulted in no charges. Once successfully removed, the arrest record is no longer publicly accessible.
An experienced attorney can provide valuable guidance in navigating the processes for pardons, expungement, and arrest record removal based on your specific circumstances. Contact Hawks Quindel to speak with a member of our employment team about your eligibility and options.