Wisconsin Background Check Laws for Employers
Wisconsin is one of the few states that treats arrest record and conviction record as protected classes. The Fair Employment Act lets you refuse to hire for a conviction only when the offense substantially relates to the job, and it bars most decisions based on arrests that never became convictions. This guide covers that test, the state-agency ban-the-box rule, expungement, drug testing and social-media privacy, and the federal FCRA steps that apply on top.
Order the Wisconsin statewide searchView all Search Packages and Add-ons
At a glanceFCRA stepsSubstantial relationshipBan the boxRecords you may useLookbackCredit, drugs, social mediaIndustry rulesServicesChecklistFAQs
Wisconsin employment screening laws at a glance
Wisconsin has no consumer-reporting statute of its own, so the federal FCRA carries the process rules. The Fair Employment Act then governs what you may do with the results.
| Rule | What it requires | Administering agency |
|---|---|---|
| Federal FCRA, 15 U.S.C. § 1681 et seq. | Stand-alone disclosure, written authorization, pre-adverse and adverse-action notices, seven-year limit on reported non-convictions below $75,000. | Consumer Financial Protection Bureau; Federal Trade Commission; private suits |
| Wis. Stat. §§ 111.321, 111.335 (Fair Employment Act) | Arrest record and conviction record are protected classes. An employer may refuse to hire for a conviction only if the circumstances substantially relate to the job, and may act on an arrest only for a pending charge that substantially relates. | Department of Workforce Development, Equal Rights Division; Labor and Industry Review Commission |
| Wis. Stat. § 230.16(1)(ap) (2015 Wis. Act 150) | The state may not ask a civil-service applicant about conviction record, on the application or otherwise, before the applicant is certified for the position, unless a particular conviction record disqualifies applicants for that position. | Division of Personnel Management, Department of Administration |
| Wis. Stat. § 973.015 (expungement) | Eligible offenses may be expunged at sentencing on successful completion; expunged and pardoned records are protected under the Fair Employment Act. | Circuit courts; Department of Justice records |
| Wis. Stat. § 995.55 (social media) | Employers may not request access to a personal internet account or penalize a refusal. | Department of Workforce Development, Equal Rights Division |
| 2017 Wis. Act 327 (local preemption) | Local governments may not regulate employment matters such as salary-history inquiries; no statewide salary-history ban exists. | Preemption; no agency |
| Wis. Stat. § 19.35 and CCAP (court records) | Circuit court records are public and searchable statewide; the Department of Justice sells name-based Crime Information Bureau checks. | Wisconsin Court System; Department of Justice, Crime Information Bureau |
| Wis. Stat. § 50.065 and § 48.685 (caregiver checks) | Health care entities and child care providers must run caregiver background checks before hire and at intervals. | Department of Health Services; Department of Children and Families |
The FCRA process every Wisconsin employer must follow
The federal Fair Credit Reporting Act governs every background check a consumer reporting agency prepares for a Wisconsin employer. The state rules on this page sit on top of it, never in place of it.
Wisconsin adds no state notices to the federal sequence, but the Fair Employment Act adds a decision rule: document the substantial-relationship analysis before the pre-adverse action notice goes out.
Disclose and authorize
Give the applicant a clear, stand-alone disclosure that a consumer report may be obtained for employment purposes, and get written authorization before you order. Keep the disclosure free of liability waivers and extra language.
Order the right scope
Match the search to the position. Order criminal, driving, credit, and verification searches only where the job supports them, and apply the same package to every candidate for the same position.
Pre-adverse action
Before you decide against a candidate because of the report, send a copy of the report and the CFPB Summary of Your Rights, then wait a reasonable period, commonly five business days, so the candidate can dispute errors.
Adverse action notice
If you proceed, send the final notice naming the screening company, stating that it did not make the decision, and explaining the right to a free file copy within 60 days and the right to dispute.
The substantial-relationship test under the Wisconsin Fair Employment Act
Conviction records
Under Wis. Stat. § 111.335, an employer may refuse to hire, or may terminate, because of a conviction only if the circumstances of the offense substantially relate to the circumstances of the particular job. The test compares the character traits revealed by the offense with the duties, setting and opportunities of the position, not the job title.
Arrest records
An employer may not refuse to hire because of an arrest record. The exception is a pending charge: an employer may suspend an employee, or refuse to hire an applicant, for a pending charge that substantially relates to the job. Arrests that ended without conviction may not be used at all.
Cree v. LIRC (2022)
In Cree, Inc. v. LIRC, 2022 WI 15, the Wisconsin Supreme Court held that domestic-violence convictions substantially related to a sales position that involved travel and unsupervised contact with customers. The court looked at the traits the offenses revealed rather than whether the victim was a coworker, which gives employers a workable framework.
Statutory exemptions
Section 111.335(3) lists the exceptions: the person is not bondable under a standard fidelity bond where bonding is required; the position is with a private security or detective business licensed under § 440.26, or a burglar-alarm installer, and the felony is unpardoned; the employer is an educational agency and the felony is unpardoned; or another statute bars people with the conviction from the job, as the caregiver and school laws do.
Document the analysis
Record the offense, the date, the duties of the job and why the traits revealed by the offense bear on those duties. That memo is your defense before the Equal Rights Division.
Complaints are filed with the Equal Rights Division within 300 days; remedies include back pay and reinstatement.
Ban the box in Wisconsin: state agencies only
2015 Wisconsin Act 150, enacted from Assembly Bill 373 and codified at Wis. Stat. § 230.16(1)(ap), bars the state from asking a civil-service applicant to supply conviction-record information, on the application or otherwise, and from considering it before the applicant has been certified for the position. The one exception is a position for which a particular conviction record is disqualifying, where the question may be asked earlier.
Private employers
No Wisconsin statute limits when a private employer may ask about criminal history. You may ask on the application, but the Fair Employment Act governs what you do with the answer at every stage.
Local policies
Madison, Milwaukee and Dane County apply fair-chance rules to their own hiring, and some extend them to contractors. Under 2017 Wis. Act 327, local governments may not impose employment regulations on private employers generally, so check contract terms rather than ordinances.
Practical policy
Because arrest record is protected, do not ask about arrests at all. Ask about convictions and pending charges only.
Many employers defer the conviction question to the interview, which makes the substantial-relationship discussion easier to document.
Which Wisconsin records you may and may not use
Wisconsin circuit court records are public through the statewide CCAP system, but the Fair Employment Act and the expungement statute take several categories off the table.
Expunged records
Wis. Stat. § 973.015 lets a court order expungement at sentencing for offenses committed under age 25 with a maximum penalty of six years or less, effective on successful completion. Expunged and pardoned convictions are protected under the Fair Employment Act and may not be used.
Arrests without conviction
Off limits. The Fair Employment Act bars using an arrest that did not result in conviction, and the FCRA independently limits reported non-convictions to seven years below $75,000.
Pending charges
A pending charge that substantially relates to the job may support suspension or refusal to hire; one that does not relate may not. Revisit the decision when the case is resolved.
Ordinance violations
Municipal ordinance violations, such as first-offense OWI in Wisconsin, are civil forfeitures rather than criminal convictions. They appear on CCAP and may be reported, but weigh them accordingly.
Juvenile records
Juvenile court records are confidential under Wis. Stat. § 938.396 and are not available for private employment screening.
CIB name-based checks
The Department of Justice Crime Information Bureau sells a name-based check reflecting fingerprint-supported arrests and dispositions. It misses cases never fingerprinted, so pair it with a circuit court search.
How far back a Wisconsin background check can go
Wisconsin has no reporting-limit statute. Earlier versions of this page attributed a seven-year limit and a $75,000 exception to § 111.335; those figures come from the federal FCRA, which governs here.
Non-convictions
Under the federal FCRA, arrests and other adverse items that did not end in conviction may not be reported more than seven years after they occurred, for positions paying under $75,000. Under the Fair Employment Act they may not be used at all.
Convictions
The FCRA places no age limit on reported convictions. Age still matters under the substantial-relationship test: the older the offense, the harder it is to show it bears on the job today.
Higher-paid positions
For positions expected to pay $75,000 or more, the FCRA seven-year limit on non-convictions does not apply. The Fair Employment Act rule on arrests still does.
Set the lookback in your written policy by position class, then order the same scope for every candidate in that class.
Credit checks, drug testing, social media, salary history and E-Verify
Employment credit reports
Wisconsin has no statute restricting employer credit checks; § 111.34, sometimes cited, concerns disability. The FCRA steps apply, and the EEOC discourages credit screens that are not job related. Limit them to positions with financial responsibility.
Drug testing
No Wisconsin statute regulates private-employer drug testing, and marijuana remains illegal in the state, so there is no cannabis employment protection. Adopt a written policy, use a certified laboratory and a medical review officer, and follow 49 C.F.R. Part 40 for DOT roles.
Social media passwords
Wis. Stat. § 995.55 bars employers from requesting access to a personal internet account, requiring a log-in in the employer’s presence, or penalizing a refusal. Publicly available content may be viewed. Complaints go to the Equal Rights Division.
Salary history
Wisconsin has no salary-history ban, and 2017 Wis. Act 327 bars local governments from enacting one. Pay decisions must still comply with the federal Equal Pay Act and the Fair Employment Act.
E-Verify
Wisconsin has no E-Verify mandate for private or public employers. Enrollment is voluntary at e-verify.gov; Form I-9 remains mandatory for every hire.
AI in hiring
No Wisconsin statute regulates automated hiring tools. Title VII and Fair Employment Act disparate-impact rules apply to any screen, so test tools for adverse impact and keep a human decision-maker.
Wisconsin industry-specific screening requirements
Health care entities
Hospitals, nursing homes, home health agencies and other entities licensed by the Department of Health Services must run caregiver background checks under Wis. Stat. § 50.065 and Wis. Admin. Code ch. DHS 12 at hire and every four years, may employ a caregiver provisionally for up to 60 days while results are pending, and may not employ people with listed serious crimes.
Child care and youth
Child care providers, staff and household members must clear fingerprint-based checks under Wis. Stat. § 48.686, administered by the Department of Children and Families, with results in the Wisconsin Child Care Regulatory System.
Public schools
The Department of Public Instruction licenses educators and revokes licenses for immoral conduct under Wis. Stat. § 115.31, which also requires administrators to report charges and convictions; districts run pre-hire checks under local policy.
Private security
Security guards, private detectives and armed guards are licensed by the Department of Safety and Professional Services under Wis. Stat. § 440.26 with criminal history checks.
Transportation
CDL drivers follow FMCSA rules: the Drug and Alcohol Clearinghouse query, the 49 C.F.R. Part 40 panel and motor vehicle record reviews. Wisconsin DMV records are available through the driving-records service.
Finance and insurance
Banks follow FDIC Section 19; broker-dealers follow FINRA Rule 3110; insurance intermediaries are checked by the Office of the Commissioner of Insurance under Wis. Stat. ch. 628.
Screening services built for Wisconsin employers
BCS Background Screening LLC runs FCRA-compliant searches for Wisconsin employers of every size, with no setup fee and per-search pricing.
Wisconsin statewide criminal search
Real-time search of Wisconsin circuit court records across all 72 counties, $20 per name, every record reviewed for identity and disposition before release Order the Wisconsin statewide search.
County criminal court search
Direct research at the county courthouse, $18 plus any court fees, seven-year standard scope. This is the search that confirms a database hit before it reaches a report. County court search details.
Nationwide criminal database
$17 locator search of thousands of court, corrections, and registry sources with three name variations searched at once. Every hit is verified at the source before it is reported. Nationwide database search.
Motor vehicle records
State driving records for any position that drives on company business, with CDL and DOT-regulated roles supported. Motor vehicle records.
SSN trace and address history
Included at no extra cost in every search package: 10-plus years of reported address history to point criminal searches at the right counties. SSN trace.
Verifications
Employment, education, professional license, and reference verifications, plus employment credit reports for positions with financial responsibility, all ordered from the same account.
Open a business accountView all Search Packages and Add-ons
Optional Multiple Authentication Factor (MAF) protection is available on every user account.
Wisconsin employer compliance checklist
Twelve steps that keep a Wisconsin screening program inside the FCRA and the Fair Employment Act.
- Use a stand-alone FCRA disclosure and a separate written authorization for every candidate.
- Do not ask about arrests; ask about convictions and pending charges only.
- Define the screening scope for each position class and apply it to every candidate in that class.
- Write a substantial-relationship memo before declining any candidate for a conviction.
- Act on a pending charge only if it substantially relates to the job, and revisit when it resolves.
- Never use expunged, pardoned or juvenile records.
- Keep non-convictions within seven years below $75,000, and do not use them under the Fair Employment Act.
- Send the pre-adverse action package, wait a reasonable period, then send the final adverse-action notice.
- Limit credit reports to positions with financial responsibility and document the reason.
- Do not ask for social-media usernames or passwords.
- Run caregiver background checks under § 50.065 or § 48.686 where your license requires them, and every four or five years after.
- Follow 49 C.F.R. Part 40 for DOT-regulated positions.
Wisconsin background check laws: employer FAQs
Each answer names the statute, what it requires, and the agency that administers it.
Can a Wisconsin employer refuse to hire someone with a conviction?
Only if the circumstances of the offense substantially relate to the circumstances of the job. Wis. Stat. § 111.335, part of the Wisconsin Fair Employment Act, makes conviction record a protected class, with exceptions in § 111.335(3) for bonding requirements, unpardoned felonies in licensed security businesses, burglar-alarm installation and educational agencies, and statutory bars. The Department of Workforce Development’s Equal Rights Division investigates complaints, which must be filed within 300 days.
Can a Wisconsin employer consider arrests?
Not arrests that did not lead to conviction. Wis. Stat. § 111.335 bars refusing to hire because of an arrest record, with one exception: an employer may refuse to hire an applicant, or suspend an employee, for a pending charge that substantially relates to the job. The Equal Rights Division enforces the rule, and the federal FCRA separately limits reported non-convictions to seven years below $75,000.
Does Wisconsin have a ban-the-box law?
For state civil-service hiring only. 2015 Wisconsin Act 150, enacted from Assembly Bill 373 and codified at Wis. Stat. § 230.16(1)(ap), bars asking about conviction record before the applicant is certified for the position, unless a particular conviction record disqualifies applicants for that position; the Division of Personnel Management administers it. No statute covers private employers, and 2017 Wis. Act 327 bars local governments from regulating private employment practices. Madison, Milwaukee and Dane County apply fair-chance rules to their own hiring.
How many years back can a Wisconsin background check go?
Wisconsin has no lookback statute; the seven-year limit and $75,000 exception sometimes attributed to § 111.335 come from the federal Fair Credit Reporting Act. Under the FCRA, consumer reporting agencies may not report non-convictions older than seven years for positions paying under $75,000, and convictions carry no age limit. The Consumer Financial Protection Bureau and Federal Trade Commission enforce the FCRA; the Fair Employment Act then decides what you may use.
Are employment credit checks restricted in Wisconsin?
No. Wisconsin has no statute limiting employer credit checks; Wis. Stat. § 111.34 concerns disability, not credit. The federal FCRA applies: stand-alone disclosure, written authorization, a pre-adverse action notice with a copy of the report and the Summary of Your Rights, and a final adverse-action notice, enforced by the Consumer Financial Protection Bureau and Federal Trade Commission.
What is Wisconsin expungement and how does it affect employers?
Wis. Stat. § 973.015 lets a circuit court order expungement at sentencing for offenses committed under age 25 with a maximum penalty of six years or less, taking effect when the sentence is successfully completed. Expunged and pardoned convictions are protected under the Fair Employment Act and may not be used in hiring. The Department of Justice removes expunged cases from its records; CCAP removes them from public view.
Can Wisconsin employers ask for social media passwords?
No. Wis. Stat. § 995.55 bars employers from requesting access to a personal internet account, requiring a log-in in the employer’s presence, or penalizing a refusal, while allowing review of publicly available content. Complaints go to the Department of Workforce Development’s Equal Rights Division.
What are Wisconsin’s drug-testing rules?
No Wisconsin statute regulates private-employer drug testing, and marijuana remains illegal in the state, so there is no cannabis employment protection. Adopt a written policy, use a certified laboratory and a medical review officer, and follow 49 C.F.R. Part 40 for DOT-regulated positions, administered by the U.S. Department of Transportation.
Screen Wisconsin candidates with confidence
Real-time court research, FCRA-ready disclosures and notices, and a quality review team that checks every record before it reaches your report.
Order the Wisconsin statewide searchOpen a business account
Our quality review team works 24/7/365.
Call (800) 661-0278 or email support@usabackground.com with any question about screening in Wisconsin.
This page is general information for employers, not legal advice. BCS Background Screening LLC is a consumer reporting agency, not a law firm. Wisconsin statutes, local ordinances, and agency guidance change; confirm current requirements with employment counsel before adopting or changing a screening policy. Rules described as current were reviewed in September 2026.