Wisconsin Background Check Laws for Employers (2026)
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.
This guide covers that test, the state-agency ban-the-box rule, expungement, application question limits, drug testing, social-media privacy, and the federal FCRA steps that apply on top.
Wisconsin Background Check Laws at a Glance
Wisconsin has no consumer-reporting statute of its own, so the federal FCRA carries the process rules. The Wisconsin Fair Employment Act then governs what you may do with the results.
The table below maps each law to what it requires and the agency that administers it.
| Topic | Statute or Regulation | What It Does | Administered By |
|---|---|---|---|
| Consumer reports | Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq. (no Wisconsin equivalent) | Requires a stand-alone disclosure, written authorization, and pre-adverse and adverse action notices. | Consumer Financial Protection Bureau; Federal Trade Commission |
| Arrest and conviction records | Wis. Stat. §§ 111.321, 111.335 (Fair Employment Act) | Makes arrest record and conviction record protected classes; a conviction may be used only if it substantially relates to the job. | Department of Workforce Development, Equal Rights Division; Labor and Industry Review Commission |
| State criminal records | 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 |
| Fair chance / ban the box | Wis. Stat. § 230.16(1)(ap) (2015 Wis. Act 150) | Bars the state from asking civil-service applicants about conviction record before certification; no rule covers private employers. | Division of Personnel Management, Department of Administration |
| Sealed and expunged records | Wis. Stat. § 973.015 | Allows expungement at sentencing for eligible offenses; expunged and pardoned convictions are protected under the Fair Employment Act. | Circuit courts; Department of Justice records |
| Lookback limits | No state cap; FCRA, 15 U.S.C. § 1681c | Bars reporting non-convictions older than seven years unless the job pays $75,000 or more. | Consumer Financial Protection Bureau; Federal Trade Commission |
| Credit reports | No state restriction; FCRA | Requires FCRA consent and adverse action steps for employment credit checks. | Consumer Financial Protection Bureau; Federal Trade Commission |
| Salary history | 2017 Wis. Act 327 (local preemption) | No statewide salary-history ban, and local governments may not enact one. | Preemption; no agency |
| Drug and marijuana testing | No state statute | Marijuana remains illegal in Wisconsin; employers may test under their own written policies. | Not applicable |
| Application questions | Wis. Stat. § 111.322(2) (bases in § 111.321) | Bars application questions that imply a limitation because of age, sex, disability, marital status, arrest record, conviction record, or other protected bases. | Department of Workforce Development, Equal Rights Division |
| E-Verify | No state mandate; Form I-9, 8 C.F.R. § 274a.2 | E-Verify stays voluntary except for federal contractors with the FAR clause. | USCIS |
| Social media | Wis. Stat. § 995.55 | Employers may not request access to a personal internet account or penalize a refusal. | Department of Workforce Development, Equal Rights Division |
| Caregiver checks | Wis. Stat. § 50.065 and § 48.685 | 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 |
How the FCRA Applies to Wisconsin Employers
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. However, the Fair Employment Act adds a decision rule: document the substantial-relationship analysis before the pre-adverse action notice goes out.
Clear Disclosure
Give the applicant a clear, stand-alone disclosure that a consumer report may be obtained for employment purposes. Keep the form free of liability waivers and extra language.
Written Authorization
Get the applicant’s written authorization before you order. Then match the search to the position and apply the same package to every candidate for the same job.
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 and stating that it did not make the decision. Explain the right to a free file copy within 60 days and the right to dispute.
Wisconsin Criminal Records and the Substantial-Relationship Test
Wisconsin circuit court records are public through the statewide CCAP system. The Department of Justice Crime Information Bureau also sells a name-based check reflecting fingerprint-supported arrests and dispositions.
The CIB check misses cases never fingerprinted, so pair it with a circuit court search. BCS Background Screening LLC searches circuit court records across all 72 counties through the Wisconsin statewide criminal search.
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 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 with travel and unsupervised customer contact. 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.
How Far Back a Wisconsin Background Check Can Go
Wisconsin has no reporting-limit statute. Therefore, the federal FCRA rule in 15 U.S.C. § 1681c controls what a screening agency may report, and the Fair Employment Act then decides what you may use.
Non-Convictions (Federal)
Arrests and other adverse items that did not end in conviction may not be reported more than seven years after they occurred. Under the Fair Employment Act they may not be used at all.
Convictions (Federal)
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.
Salary Exemption (Federal)
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 It by Position Class
Set the lookback in your written policy by position class. Then order the same scope for every candidate in that class.
The EEOC rescinded its 2012 guidance on arrest and conviction records on October 28, 2026. Title VII still bars using criminal history as a proxy for race or national origin, and the disparate-impact rule in 42 U.S.C. § 2000e-2(k) remains law. So keep weighing the nature of the offense, the time elapsed, and the duties of the job before you act on any record.
Which Wisconsin Records You May and May Not Use
Wisconsin circuit court records are public through CCAP. However, the Fair Employment Act and the expungement statute take several categories off the table.
Sealed, Expunged, and Set-Aside Records
Wisconsin has no automatic clean-slate sealing. Instead, 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. The Department of Justice removes expunged cases from its records, and CCAP removes them from public view.
Arrests and Non-Convictions
Arrests without conviction are 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.
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.
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. As a result, they are not available for private employment screening.
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 about conviction record, on the application or otherwise, 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 about convictions on the application, but the Fair Employment Act governs what you do with the answer at every stage.
Under Wis. Stat. § 111.322(2), an application question may not imply a blanket limitation because of arrest record or conviction record. Because arrest record is protected, do not ask about arrests at all; ask about convictions and pending charges only.
Wisconsin requires an individualized substantial-relationship assessment under § 111.335 for every employer, with no set waiting period. Many employers defer the conviction question to the interview, which makes that assessment easier to document.
Madison, Milwaukee and Dane County
Madison, Milwaukee and Dane County apply fair-chance timing 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.
Federal Contractors
Federal agencies and contractors follow the Fair Chance to Compete for Jobs Act of 2019, 41 U.S.C. § 4714. That law delays conviction questions until after a conditional offer for work under covered federal contracts.
What a Wisconsin Job Application May Ask
Wis. Stat. § 111.322(2) makes it an act of employment discrimination to use any application form, or to make any inquiry about prospective employment, that implies or expresses a limitation because of a protected basis. The statute applies to every Wisconsin employer, with no minimum employee count.
The protected bases in § 111.321 include age, race, creed, color, disability, marital status, sex, national origin, ancestry, arrest record, conviction record, military service, and use of lawful products off the employer’s premises during nonworking hours. The only exceptions are those in Wis. Stat. §§ 111.33 to 111.365, including bona fide occupational qualifications.
The Equal Rights Division enforces the rule. The four federal limits below apply on top of it.
Sex, Marital Status, Religion, and Photographs
Title VII, 42 U.S.C. § 2000e-2, makes sex a lawful question only where it is a bona fide occupational qualification. Almost no job meets that test.
The EEOC treats questions about race, sex, religion, marital status, children, or pregnancy as evidence of intent to discriminate. The EEOC also says employers should not ask for a photograph before hire.
Ask instead: whether the applicant can work the schedule, travel, and overtime the job requires. Request a photograph only after hire for a badge.
Date of Birth and Age
The ADEA protects applicants 40 and older at employers with 20 or more employees. Under 29 C.F.R. § 1625.5, a date-of-birth question is closely scrutinized because it deters older applicants, and Wisconsin lists age in § 111.321.
Your screening company still needs the date of birth to match criminal records. So, collect it on the FCRA authorization form after the conditional offer, never on the application.
Ask instead: “Are you at least 18 (or 21) years old?” where the job has a legal minimum age.
Disability, Health, and Workers’ Compensation
The ADA, 42 U.S.C. § 12112(d)(2), bars disability-related inquiries and medical exams before a conditional offer. Questions about health, prescriptions, prior workers’ compensation claims, or sick leave all count.
GINA, 42 U.S.C. § 2000ff-1(b), separately bars requests for family medical history. Post-offer exams must apply to every entering employee in the job category.
Ask instead: whether the applicant can perform the essential functions with or without reasonable accommodation.
Citizenship, National Origin, and Military Discharge
The Immigration and Nationality Act, 8 U.S.C. § 1324b, bars citizenship-status discrimination at employers with four or more employees. Pre-hire questions about birthplace, immigration status, or a “green card” are evidence of a violation.
USERRA, 38 U.S.C. § 4311, protects uniformed service, and Wisconsin lists military service in § 111.321. Do not ask the type of military discharge on an application; ask only after the offer where a law or license requires it.
Ask instead: “Are you legally authorized to work in the United States?” and “Will you need sponsorship for an employment visa?”
EEO self-identification is different. Collect race, ethnicity, sex, veteran, and disability status on a separate, voluntary form kept away from decision-makers. Private employers with 100 or more employees file the EEO-1 report each year under 29 C.F.R. § 1602.7.
Credit Reports, Salary History, Drug Testing and More
Employment Credit Reports
Wisconsin has no statute restricting employer credit checks; § 111.34, sometimes cited, concerns disability. The FCRA consent and adverse-action steps apply in full.
Limit credit reports to positions with financial responsibility and document the reason. That practice lowers disparate-impact risk under Title VII and the Fair Employment Act.
Salary History and Pay Transparency
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.
Drug and Marijuana Testing
No Wisconsin statute regulates private-employer drug testing, and marijuana remains illegal in the state. Consequently, there is no cannabis employment protection, and pre-employment THC testing remains allowed.
Adopt a written policy, use a certified laboratory and a medical review officer, and follow 49 C.F.R. Part 40 for DOT roles. The federal rescheduling of medical marijuana in April 2026 did not change DOT testing; see What Changed.
Motor Vehicle Records
Wisconsin DMV records are available for any position that drives on company business, with CDL and DOT-regulated roles supported. The federal Driver’s Privacy Protection Act, 18 U.S.C. § 2721, requires a permissible purpose and written consent.
Motor carriers also follow 49 C.F.R. § 391.23, which requires MVR and previous-employer inquiries. BCS Background Screening LLC pulls these reports through its motor vehicle records search.
E-Verify and Form I-9
Wisconsin has no E-Verify mandate for private or public employers. Enrollment is voluntary at e-verify.gov, except for federal contractors with the FAR clause at 48 C.F.R. 52.222-54.
Form I-9 remains mandatory for every hire under 8 C.F.R. § 274a.2. Finish Section 1 by the first day of work and Section 2 within three business days.
Social Media and 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.
Automated and AI Hiring Tools
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
Several Wisconsin statutes require background checks for specific positions. Below are the rules employers ask about most.
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. They 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. Results are recorded 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. Section 111.335(3) lets these businesses exclude unpardoned felons.
Commercial Drivers
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.
What Changed for Wisconsin Employers in 2026
Wisconsin passed no new screening statute in 2026. However, three federal changes affect how Wisconsin employers screen this year.
EEOC rescinds its 2012 arrest and conviction guidance
The Commission voted on October 28, 2026 to rescind the 2012 Enforcement Guidance on arrest and conviction records, effective immediately. The rescission does not revive the 1987 and 1990 policy statements.
The EEOC says employers need not abandon lawful practices adopted under the rescinded guidance, and it will keep enforcing Title VII. Disparate-impact claims under 42 U.S.C. § 2000e-2(k) remain available to private plaintiffs and under state law.
What to do: Keep the individualized assessment and the written job-related criteria. They come from the courts (Green v. Missouri Pacific) and from state and local fair-chance laws, not from the rescinded guidance. In Wisconsin, § 111.335 still requires the substantial-relationship analysis.
Source: EEOC press release, Oct. 29, 2026. Read the release
Medical marijuana moved to Schedule III; DOT testing is unchanged
DEA’s final rule of April 28, 2026 moved FDA-approved marijuana drug products and marijuana dispensed under state medical-marijuana licenses to Schedule III. All other marijuana remains Schedule I.
DOT testing is unchanged. 49 C.F.R. Part 40 still tests for marijuana, and DOT’s Office of Drug and Alcohol Policy and Compliance stated in May 2026 that state medical-marijuana use is not a legitimate medical explanation for a positive result under 49 C.F.R. § 40.137.
What to do: Keep testing CDL drivers and other safety-sensitive employees for marijuana under Part 40. Marijuana remains illegal in Wisconsin, so no state protection applies to any other role either.
Source: DEA final rule, 91 FR, Doc. 2026-08176; 49 C.F.R. § 40.137. Read DOT’s guidance
OFCCP’s EO 11246 regulations are rescinded; Section 503 and VEVRAA remain
Executive Order 11246 was revoked by Executive Order 14173 on January 21, 2025. OFCCP then rescinded its implementing regulations at 41 C.F.R. parts 60-1 through 60-50 by final rule published August 21, 2026.
The FAR overhaul likewise removed subpart 22.8 and clauses 52.222-21 through 52.222-29. Race- and sex-based affirmative-action plan and recordkeeping duties under EO 11246 no longer apply.
What to do: Keep your Title VII, Section 503 (disability), and VEVRAA (protected veterans) nondiscrimination, affirmative-action, and recordkeeping programs. Those obligations for covered contractors remain in force.
Source: Executive Order 14173, Jan. 21, 2025; OFCCP final rule, Aug. 21, 2026. Read OFCCP’s notice
Wisconsin Employment Screening Services
BCS Background Screening LLC runs FCRA-compliant searches for Wisconsin employers of every size, with no setup fee and per-search pricing. Every record is reviewed for identity and disposition before release.
Wisconsin Statewide Criminal Search
Real-time search of Wisconsin circuit court records across all 72 counties. Price: $20 per name.
County Criminal Court Search
Direct research at the county courthouse with a seven-year standard scope. Price: $18 plus any court fees.
Nationwide Criminal Database
$17 locator search of thousands of court, corrections, and registry sources with three name variations. Every hit is verified at the source before it is reported.
Federal Criminal Search
Covers the U.S. District Courts for the Eastern and Western Districts of Wisconsin for federal offenses.
Motor Vehicle Records
Wisconsin driving records for any position that drives on company business, with CDL and DOT-regulated roles supported.
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.
Verifications and Add-ons
Employment, education, professional license, and reference verifications, plus employment credit reports for positions with financial responsibility.
Access to SSN Trace functionality is restricted at initial registration. This feature cannot be accessed at initial signup until your organization’s business use case is verified.
Wisconsin Employer Compliance Checklist
- Use a stand-alone FCRA disclosure and a separate written authorization for every candidate.
- Remove sex, marital status, religion, citizenship, and photograph questions from the application, as § 111.322(2) and federal law require.
- Collect the date of birth on the FCRA authorization after the conditional offer, never on the application.
- Do not ask about arrests; ask about convictions and pending charges only.
- 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.
- Run caregiver background checks under § 50.065 or § 48.686 where your license requires them, and follow 49 C.F.R. Part 40 for DOT-regulated positions.
Wisconsin Employment Screening Law FAQs
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.
Exceptions in § 111.335(3) cover 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. 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, 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. Under the federal Fair Credit Reporting Act, 15 U.S.C. § 1681c, 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.
What may a Wisconsin employer ask on a job application?
Wis. Stat. § 111.322(2) bars any application question that implies a limitation because of age, race, creed, color, disability, marital status, sex, national origin, ancestry, arrest record, conviction record, military service, or lawful off-duty product use. The Equal Rights Division enforces it against every Wisconsin employer.
Title VII, the ADEA, the ADA, and the INA add federal limits on sex, age, disability, and citizenship questions. Collect the date of birth on the FCRA authorization after the conditional offer, not on the application.
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. Wisconsin has no automatic clean-slate sealing.
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, and use a certified laboratory and a medical review officer.
Follow 49 C.F.R. Part 40 for DOT-regulated positions, administered by the U.S. Department of Transportation. The April 2026 federal rescheduling of medical marijuana did not change DOT testing.
Start Screening Wisconsin Applicants Today
BCS Background Screening LLC delivers real-time Wisconsin court research, FCRA-ready disclosures and notices, and a quality review team that checks every record before it reaches your report.
Every user account also includes optional Multiple Authentication Factor (MAF) for added login security.
This page provides general information about Wisconsin background check laws, not legal advice. Laws change often, so consult an employment attorney before you finalize a screening policy. Revised October 29, 2026.