1. Access to Records
C. Social Service Agency Records
F. Firearm and Body Armor Records
A. Juvenile Court Records
The general rule is that juvenile court records are confidential, not open to inspection or disclosure to the public. They must be kept separate from other court files. Wis. Stat. § 938.396(2). However, there are two exceptions which allow records to be released directly to the public, and a significant number of exceptions which allow court records to be released to agencies, other courts, or persons, with direction that the receiving agency or person keep the information confidential.
There are two instances in which court records are publicly available:
Serious Juvenile Offenders: If the delinquency petition alleges commission of a “serious juvenile offender program” offense under Wis. Stat. § 938.34(4h),³ the juvenile court records are publicly available upon request, excluding physical, psychological, mental or developmental examinations and court reports or other sensitive personal information, and the requester can disclose the information to anyone. Wis. Stat. § 938.396(2g)(k). See Juvenile Court Form JD-1738A §3.⁴
Repeat Felony Offenders: If the delinquency petition alleges a felony-level offense, and the juvenile has a previous delinquency adjudication, the court records are publicly available upon request, excluding physical, psychological, mental or developmental examinations and court reports, or other sensitive personal information and the requester can disclose the information to anyone. Wis. Stat. § 938.396(2g)(L). See Juvenile Court Form JD-1738A.⁵
The juvenile court may disclose otherwise confidential records in the following circumstances. Most of these circumstances begin with a requirement that the receiving agency or person keep them confidential. However, there are many ways in which those records can eventually become public. Understanding how juvenile court records may become public is key to advising children about significant, long-lasting collateral consequences of juvenile court involvement.
Schools: Just the filing of a delinquency petition or a Wis. Stat. § 938.13(12) petition alleging a felony if committed by an adult, triggers the juvenile court clerk’s affirmative obligation to notify the child’s school district. If the case is closed, dismissed or terminated without a delinquency finding, the clerk must also notify the school district. Wis. Stat. § 938.396(2g)(m)1. The clerk also has an affirmative obligation to notify the child’s school of all delinquency adjudications. Wis. Stat. § 938.396(2g)(m)2.
Criminal Background Checks: The clerk must notify the Department of Justice (DOJ) of the adjudication, when a child is adjudged delinquent for committing a serious crime as defined in Wis. Stat. §§ 48.685(1)(c)⁶ or 48.686(1)(c).⁷ DOJ may disclose that information for background checks under Wis. Stat. §§ 48.685(2) or 48.686(2) pursuant to Wis Stat. § 938.396(2g)(o).
Firearms Restrictions: The clerk must notify the DOJ whenever a child is adjudicated delinquent for a felony-level crime. DOJ uses that information for firearms checks. Wis. Stats. § 938.396(2g)(n).
Law Enforcement and Arson Investigators: Upon request, a law enforcement agency can review both paper court records and electronic court records for the purpose of investigating criminal or delinquent activity. Fire investigators can also inspect court records regarding specific criminal arson investigations. Wis. Stat. § 938.396(2g)(c),(j). See Court Form JD-1738A.⁸
The Department of Corrections (DOC), the Department of Children and Families (DCF), and County Departments of Social Services (DSS): These agencies may obtain juvenile court electronic records, with the requirement that they be kept confidential, and that they be used only for the purposes of providing investigative, intake and dispositional services. Wis. Stat. § 938.396(2m)(b)1,(c)1r. Also, when the court places a child in a correctional facility or secured residential care center, the court must immediately notify the appropriate department, and transfer the court report “and all other pertinent data” about the child. Wis. Stat. § 938.49(2)(a).
Criminal Courts: Upon request, paper delinquency records can be reviewed or inspected by criminal courts, district attorneys, defense attorneys and Presentence Investigation Report (PSI) writers. Wis. Stat. § 938.396(2g)(d),(dm),(dr). The records can only be used for purposes of setting bail, witness impeachment, and preparing the PSI. Wis. Stat. § 938.35(1)(a)(cm). If they are used in open court, of course, any previously confidential delinquency adjudication becomes part of a public record. See court form JD-1738A.⁹ Electronic records are also available to district attorneys and defense attorneys in criminal court, with the requirement that they maintain confidentiality and use them only for performing “official duties.” Wis. Stat. § 938.396(2m)(b),(c)(1m).
Municipal, Family and Other Courts: Upon request, paper delinquency records can be inspected by courts and attorneys for purposes of witness impeachment. Wis. Stat. §§ 938.396(2g)(d), 938.35(1)(cm). They are available for family court hearings when child custody or paternity is at issue. Wis. Stat. §§ 938.396(2g)(g),(h), 938.35(1)(c). They are available to other delinquency courts and municipal courts exercising jurisdiction under Wis. Stat. §§ 938.17(2), 938.396(2g)(gm), 938.35(1)(b). See Juvenile Court Form JD-1738A.¹⁰
Electronic juvenile court records are also available to other juvenile courts and municipal courts exercising jurisdiction over children, with the requirement that the receiving court keep the records confidential and use the information only for the purpose of conducting or preparing for a proceeding in that court. Wis. Stat. § 938.396(2m)(b),(c). Those electronic records are also available to prosecuting attorneys and attorneys or guardians ad litem for litigants in those cases, again with the requirement of maintaining confidentiality and using them for the “purpose of performing his or her official duties” related to a proceeding. Wis. Stat. § 938.396(2m)(b),(c).
Victim-Witness Coordinator and Victim’s Insurer: Upon request, the victim-witness coordinator can review records, and can give the name and address of the child and their parents to the victim of a crime. The victim-witness coordinator can also use the information to enforce the rights and services for victims under Chapter 950. If the insurer of a victim requests, the court is authorized to disclose the amount of restitution ordered to the victim. Wis. Stat. § 938.396(2g)(f),(fm). See Juvenile Court Form JD-1738A.¹¹
Sex Offender Registrants: Wis. Stat. § 938.396(2g)(em) provides that upon request, DOC can obtain court records “for the purpose of obtaining information concerning a juvenile who is required to register under s. 301.45.” See Juvenile Court Form JD-1738A.¹² DOC is not generally authorized to release that information to the public, but there are circumstances in which it may become public. Also, if the child becomes the subject of a public Chapter 980 (Sexually Violent Person Commitments), delinquency records are available for those proceedings. Wis. Stat. § 938.35(1)(e).
On Request of, or With Written Permission of a Child or Parent: When a child age 14 or older, or the child’s parent requests release of records, the court must grant the request unless it finds that inspection of the records by the named person would result in “imminent danger to anyone.” Wis. Stat. § 938.396(2g)(ag). See Juvenile Court Form JD-1739A.¹³
NOTE: In some instances, potential employers or landlords may require that an applicant provide this release.
Parties to Juvenile Court Proceeding: Parties to a juvenile court proceeding have access to relevant records pursuant to discovery rules at Wis. Stat. § 938.293.
B. Law Enforcement Records
The general rule is that law enforcement records about children “may not be open to inspection or their contents disclosed.” Wis. Stat. § 938.396(1). However, there is one circumstance under which law enforcement officials can disclose otherwise confidential information directly to the public, and a wide variety of ways in which they can exchange or disclose information to other entities and persons.
Although sex offender registry information is confidential if the registration is the result of a delinquency adjudication, police chiefs and sheriffs have authority to release that information to community organizations and the public “if, in the opinion of the police chief or sheriff, providing that information is necessary to protect the public.” Wis. Stat. § 301.46(2)(e).
Law enforcement may exchange information with other law enforcement agencies, social welfare agencies, and schools, as follows:
Other Law Enforcement Agencies: Law enforcement may exchange information with the other law enforcement agencies. Wis. Stat. § 938.396(1)(b)3. Those exchanges may occur directly between agencies, or through the DOJ. The DOJ maintains the “Centralized Criminal History” (CCH) database, which includes fingerprints, identifying data, and arrest records about children that are submitted by local law enforcement agencies around the state. Any authorized law enforcement officer in Wisconsin can access that data for law enforcement purposes. Law enforcement access is through Transaction Information for the Management of Enforcement (TIME).
NOTE: Wis. Stat. § 938.396(2g)(n) and (2g)(o) provide that the Department of Justice may use juvenile delinquency adjudication records “only” for purposes of state-regulated firearms and child welfare and child care background checks. Therefore, DOJ does not share their juvenile records with the FBI or any other federal agencies. A new federal law about federal gun safety checks, the Bi-Partisan Safer Communities Act of 2022, will have no impact on the Wisconsin Department of Justice’s authority to share juvenile dispositional information with federal authorities.
Social Welfare Agencies: Law enforcement may exchange information with a social welfare agency, with the requirement that the social welfare agency keep the information confidential as required by Wis. Stat. §§ 48.78(2)(b), 938.78(2)(b), 938.396(1)(b)4. An “agency” is defined at Wis. Stat. § 938.78(1) as “the department of children and families, the department of corrections, a county department, or a licensed child welfare agency.” A “county department” is defined at Wis. Stat. § 938.02(2g) as a county human services or social services department.
Schools: Law enforcement may exchange information with the public, private or tribal school attended by the child, with the requirement that the school keep the information confidential under Wis. Stat. § 118.125. Wis. Stat. § 938.396(1)(b)2,2m. Specific statutory authorization is given for law enforcement to provide information to schools about:
The child's use, possession or distribution of alcohol or controlled substances.
The child’s illegal possession of a dangerous weapon.
The child being taken into custody for a law violation.
The child’s adjudication for delinquency.
Schools, in return, are obligated to turn over records to law enforcement agencies, and if the records are “pupil records” protected by Wis. Stat. § 118.125, a court may order the school to turn them over to a law enforcement agency or fire investigator for the purpose of investigating a crime. Wis. Stat. § 938.396(1)(d).
NOTE: To facilitate these exchanges, a law enforcement agency may enter into an “interagency agreement” with the applicable schools, social welfare agency or other law enforcement agencies “for the routine disclosure of information” authorized by the above statutes. Wis. Stat. § 938.396(1)(c)4.
Law enforcement may disclose juvenile records in a wide variety of circumstances. Many of these parallel the provisions governing court records:
To the news media, for purposes of reporting news without revealing the identity of the child involved. Wis. Stat. § 938.396(1)(b)1.
To the child who is the subject of the records, if age 14 or over, or to a parent, or to a person with written permission from the child or parent. Wis. Stat. § 938.396(1)(c)1,2.
To victims, victim-witness coordinators, and victim insurance companies in order to enforce victim rights or obtain restitution information, including the name of the child and parents. Victims and insurance companies have to keep the information confidential, except as necessary to obtain compensation for losses. Wis. Stat. § 938.396(1)(c)5,6,7.
To criminal courts, if the child is tried in criminal court. Wis. Stat. § 938.396(1)(b)5.
To a court exercising jurisdiction over a sexually violent person commitment pursuant to Chapter 980. Wis. Stat. § 938.396(10).
To a petitioner who obtains a juvenile court order for disclosure, based on findings that the information sought is for good cause and cannot be obtained with reasonable effort from other sources, and that the petitioner’s need for the information outweighs society’s interest in protecting its confidentiality. Wis. Stat. § 938.396(1j)(c).
To parties to a juvenile court proceeding as part of the discovery process under Wis. Stat. § 938.293.
C. Social Service Agency Records
Again, the general rule is that records of social service agencies, which includes county DSS, DCF, DOC, and licensed child welfare agencies, are confidential. Wis. Stat. § 938.78(1)(2). However, there is one circumstance under which social welfare agencies can disclose otherwise confidential information directly to the public, and a wide variety of ways in which they can exchange or disclose information to other entities and persons.
When a child has escaped from custody or has failed to return from an authorized absence, and more than 12 hours have passed since the escape or return time, the agency responsible for the child’s custody or supervision can notify the public of the escape in limited circumstances set forth in Wis. Stat. § 938.78(3) and Wis. Admin. Code § DOC 376.10(8).
Social service agencies may exchange information with law enforcement agencies, other social welfare agencies, and schools, as follows:
Other Social Service Agencies: Social service agencies can exchange information with another social service agency. Wis. Stat. § 938.78(2)(b)1. These exchanges may be directly between agencies or staff or may take place through the statewide automated child welfare information system maintained by DCF. Additionally, the DCF is authorized to transfer that information to the court, thus giving the court control over its dissemination. Wis. Stat. §§ 48.396(3)(bm), 938.78(2)(h).
Schools, Law Enforcement, Victim-Witness Coordinator, Fire Investigator, Health Care Providers: Social service agencies may exchange information with the entities and people listed here, about a child in the agency’s care or custody. Wis. Stat. § 938.78(2)(b). The receiving agencies are required to keep the information confidential, and schools are, in return, obligated to turn over records to social welfare agencies, and if the records are “pupil records” protected by Wis. Stat. § 118.125, a court may order the school to turn them over to a social welfare agency as necessary for the agency to provide treatment and care. Wis. Stat. § 938.78(2)(b)2.
NOTE: To facilitate these exchanges, a social welfare agency may enter into an “interagency agreement” with the applicable schools, other social welfare agencies or other law enforcement agencies “for the routine disclosure of information” authorized by the above statutes. Wis. Stat. § 938.78(2)(b)1m.
Social welfare agencies can also disclose confidential records in the following situations:
To the child who is the subject of the records, if age 14 or over, or to a parent, or to a person who has the written permission of the parent or 14-or-over child unless it would result in imminent danger to anyone. Wis. Stat. § 938.78(2)(ag)(am).
To various parties involved in a sexually violent person commitment pursuant to Chapter 980. Wis. Stat. § 938.396(10).
To relatives when a child is placed outside the home with that relative “only to the extent necessary to facilitate the establishment of a relationship” between the child and relative. Wis. Stat. § 938.78(2)(h).
Records about a child in its care or custody, on written request, to the Wisconsin Department of Safety and Professional Services (DSPS) or any of its examining boards or credentialing boards. Wis. Stat. § 938.78(2)(g).
When a child in the care of a social service agency is missing, the agency must notify law enforcement and the National Center for Missing and Exploited Children. Wis. Stat.§ 938.78(2m). DCF officials indicate the child’s name and identifying data becomes public through that process, but the publicly available information does not state that the child was under agency care, only the city from which the child went missing.
Other social service agencies are specifically authorized to disclose information in their files to DOC when a person who was in the custody of, or under the supervision of an agency is transferred to DOC custody, is placed under DOC supervision, or is the subject of a presentence investigation. Wis. Stat. § 938.78(2)(d).
D. Fingerprint Records
Law enforcement officers are required to obtain fingerprints, mug shots and other identifying data for all persons who are taken into custody for a delinquency offense that would be a felony if committed by an adult, and also for dozens of misdemeanors or ordinance violations. They have discretion to obtain fingerprints and identifying data for other offenses, as well. Wis. Stat. §§ 165.84(1)(2), 165.83(2).¹⁴
All fingerprints and other identifying data must be sent to the DOJ within 24 hours of being taken into custody, where it is added to the Centralized Criminal History (CCH) system.¹⁵ In addition to identifying data, the “arrest” data recorded in the CCH system includes the charges that justified the custody decision. According to the DOJ, juvenile arrest data is automatically appended with a disposition of “Referral to Juvenile Authorities.”
The CCH database has three main uses. First, authorized law enforcement staff have access to the database through the TIME system. Their access includes access to juvenile records and can only be used for law enforcement and criminal justice purposes.
Next, the DOJ Firearms Unit performs firearms and concealed carry licenses background checks, also using the TIME system with access to juvenile records. However, they merely report whether or not a potential gun buyer or license applicant is prohibited from possessing firearms or being licensed, without specifying the basis for any disqualification.
Finally, potential employers, landlords, and the general public can access the CCH criminal background database through the Wisconsin Online Record Check System (WORCS).¹⁶ However, public access does not include juvenile information. For such criminal history checks, juvenile information is available only for authorized daycare and child welfare agency background checks, under Wis. Stat. §§ 48.685, 48.686.¹⁷
People can request to have their fingerprint record removed from the DOJ system if fingerprints were taken when they were arrested or taken into custody, but then they were not charged, or they were cleared of the offense through court proceedings. Wis. Stat. § 165.84(1). The DOJ has a form for that request. See DOJ form DJ-LE-250B¹⁸ The removal request has to include documentation that they were not convicted (adjudicated) of offenses connected to the arrest (taking into custody).
According to DOJ information about removing fingerprint records, people eligible for removal are those who can prove that they were released without charges being filed, that the charges were not prosecuted or were dismissed, or they were acquitted by the court. According to the instructions accompanying the Fingerprint Record Removal Request, an informal disposition agreement or consent decree that results in dismissal of the delinquency petition by the court, would qualify for fingerprint removal.¹⁹
However, all charges that are part of the “arrest event” or are on the fingerprint card have to be dismissed or not prosecuted. Adjudication on only some charges, or on a lesser-included offense, precludes removal of fingerprint records.²⁰ So, for example, if a child is taken into custody for a felony burglary and a misdemeanor theft, and later adjudicated delinquent only for the misdemeanor theft, the fingerprint record will not be removed.
Finally, it is important to remember that expungement of a court record does not remove fingerprint records. The separate process, under Wis. Stat. § 165.84, is the only way to obtain removal of fingerprint records.
E. DNA Records
Wis. Stat. § 165.76 requires children to provide DNA samples to law enforcement when: 1) They are taken into custody for a “violent crime” as defined in Wis. Stat. § 165.84(7)(ab).²¹ Wis. Stat. § 165.76(1)(gm). The juvenile court is directed to check at detention hearings and plea hearings whether a DNA sample has been taken. If it has not, the court is statutorily required to order a sample. Wis. Stat. §§ 938.21(1m), 938.30(2m); or 2) They are adjudicated delinquent for a felony, or for a violation of Wis. Stat. §§ 940.225(3m), 941.20(1), 944.20, 944.30(1m), 944.31(1), 944.33, 946.52 or 948.10(1)(b). Wis. Stat. § 165.76(1)(am). Wis. Stat. § 938.34(15) requires the court to make a DNA analysis part of the dispositional order in those cases.
DNA stays in the DOJ data bank indefinitely, unless the person successfully files for expungement under Wis. Stat. § 165.77(4)(am).²² If the DNA requirement was due to an adjudication, the statute requires a court order “reversing, setting aside or vacating” the adjudication. An expungement order is not sufficient.
If the DNA data is stored because the child was taken into custody, the child can get the DNA data expunged if:
The delinquency petition alleging commission of a violent crime that arose from the taking of custody, has been dismissed, or
The trial court reached final disposition of the charges, and did not adjudge the child delinquent for a violent felony, or
No delinquency petition or criminal complaint was filed alleging a violent crime and a year has passed, or
The child was adjudged delinquent of a violent crime, but the adjudication was reversed, set aside or vacated.
F. Firearm and Body Armor Records
When notice of a felony delinquency adjudication is sent to the DOJ by the clerk of court, it is entered into the TIME system, which the firearms registry section uses to conduct background checks for firearm purchases and concealed carry licenses. Wis Stat. § 938.396(2g)(n).
However, under Wis. Stat. § 941.29(4m)(8) a juvenile delinquency adjudication does not bar firearm possession if a “court subsequently determines that the person is not likely to act in a manner dangerous to public safety.” The burden of proving “not likely” is by a preponderance of evidence by the person. Wis. Stat. § 938.341. See Juvenile Court form JD-1771.²³
NOTE: Expungement of a juvenile adjudication does not automatically remove the firearms restriction. Any expungement request should be accompanied by a JD-1771²⁴ request for removal of firearms restrictions. If a judge grants a request to remove a firearm restriction, the order is sent to the firearms registry section of the DOJ for removal.
Wis. Stat. § 941.291(2)(c) also prohibits a person who has been adjudicated delinquent for a “violent felony” from possessing body armor.²⁵ It is possible to obtain a complete or partial exemption from the prohibition, if the applicant can show that they have a “reasonable need to possess body armor” to ensure personal safety, to earn a livelihood, or as a condition of employment, and that the person is likely to use the body armor in a safe and lawful manner. Wis. Stat. §§ 938.3415, 941.291(4)(a).
G. Physical, Psychological, Mental or Developmental Evaluations, Drug and Alcohol Assessments, and Counseling and Treatment Records.
Under circumstances set forth in Wis. Stat. § 938.295, courts can order physical, psychological, mental or developmental examinations of children, or alcohol and other drug abuse assessments. See Juvenile Court forms JD 1731²⁶, 1732²⁷. While such evaluations and assessments would normally fall within the medical records protections in the Health Insurance Portability and Accountability Act (HIPAA), a court-ordered evaluation or assessment results in a report to the court, where it becomes part of the court record. The reports may also make their way into other court filings, such as dispositional reports and recommendations, and motions and briefs by the parties. As part of the court record, they are subject to the confidentiality rules (and exceptions) regarding court records.
NOTE: Courts and attorneys can help to protect the privacy of a child by ordering reports on Wis. Stat. § 938.295 examinations and assessments to be sealed in the court record, and by requesting or ordering redaction of references to them in other court records.
Under circumstances set forth in Wis. Stat. § 938.296, courts can order testing for sexually transmitted diseases, HIV, and communicable diseases. In those cases, however, the test results are not reported to the court, thus do not become part of the court record. Rather, Wis. Stat. § 938.296 requires that the court order that results be released only to the child’s parents, the alleged victim and/or victim’s parents, and the health care professionals who care for the child and the victim. However, courts and attorneys should consider sealing the application or motion for testing, and the court order for testing.
At disposition, the court can order individual, family or group counseling, special treatment or care, and alcohol or drug treatment or education. Wis. Stat. §§ 938.34(2)(b), 938.34(6r), 938.34(14s). Even if the court does not specifically order counseling or treatment, a child placed on supervision may be expected to participate in counseling that is not specifically ordered by the court. Children placed in corrections or a residential treatment center are often required to participate in various types of treatment, such as drug and alcohol treatment, anger management, or critical thinking.
It is common practice to require parents and children to sign releases for disclosure of treatment records to the child’s social worker. The purpose of such releases is to allow the social worker to monitor cooperation and progress in treatment. However, if a child reveals previously undisclosed conduct, and that conduct is reported to authorities, it may become the basis for delinquency or criminal charges. For example, children in sex offender treatment may reveal previously undisclosed sexual conduct with another child. If that information is reported to a social worker or a law enforcement officer by the treatment provider, charges may result. ²⁸
NOTE: Juvenile court professionals may wish to protect the privacy of the child and family as much as possible, while allowing social services and the court to assess treatment needs and monitor compliance with the dispositional order, by negotiating a release-of-information agreement that specifies what information can be disclosed by the treatment provider.
H. Expungement
Wis. Stat. § 938.355(4m)(a) allows anyone who has been adjudicated delinquent to request “expungement” of the adjudication, if they are at least 17 years old, and if they can show that they have “satisfactorily complied with the conditions of the dispositional order.”²⁹ The court has discretion to expunge the record if it concludes that “the juvenile will benefit from, and society will not be harmed by” the expungement.
Expungement is initiated by filing Juvenile Court form JD-1780.³⁰ The form includes a space for the district attorney to make a recommendation about expungement. The court may or may not have a hearing on expungement. In cases in which the district attorney agrees, the court will often grant the request without a hearing.
NOTE: If expungement is part of a plea negotiation, attorneys may want to ask that it be noted on the dispositional order as specific judges and attorneys may no longer be available at time of the request.
Expungement is a limited action – it seals the court record of the specified adjudication only. It does not expunge records of other adjudications, or law enforcement records, social service records, district attorney records, or DOJ records. Expungement does not eliminate firearms restrictions based on the delinquency, so expungement motions should be accompanied by motions to lift firearms restrictions pursuant to Wis. Stat. § 941.29(4m)(8). Juvenile court professionals should also consider whether fingerprint records can be expunged pursuant to Wis. Stat. § 165.84(1), and whether DNA records can be expunged pursuant to Wis. Stat. § 165.77(4)(am).
NOTE: Despite the limited nature of expungement, it is a valuable asset in dealing with the collateral consequences of a delinquency adjudication. In some instances, such as employment as a child care provider or an immigration adjustment of status, the decision-makers have discretion to determine whether an applicant has been rehabilitated. A court decision to expunge an adjudication may be strong evidence of rehabilitation.
³ Id
⁴ Request to Inspect Juvenile Court Records, State of Wisconsin, Circuit Court, JD-1738A, Rev. Date 03/2020, <https://www.wicourts.gov/formdisplay/JD-1738A.pdf?formNumber=JD-1738A&formType=Form&formatId=2&language=en>
⁵ Id
⁶ “Serious crime" means any of the following: 1) A violation of s. 940.19 (3), 1999 stats; 2) A violation of s. 940.01, 940.02, 940.03, 940.05, 940.12, 940.19 (2), (4), (5), or (6), 940.198 (2), 940.22 (2) or (3), 940.225 (1), (2), or (3), 940.285 (2), 940.29, 940.295, 942.09 (2), 948.02 (1) or (2), 948.025, 948.03 (2) or (5) (a) 1., 2., 3., or 4., 948.05, 948.051, 948.055, 948.06, 948.07, 948.08, 948.081, 948.085, 948.11 (2) (a) or (am), 948.12, 948.13, 948.21, 948.215, 948.30, or 948.53; 3) A violation of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies.
⁷ “Serious crime" means any of the following: 1) A violation of s. 940.12, 940.22 (2) or (3), 940.285 (2), 940.29, 940.295, or 942.09 (2); 2) A violation of s. 940.302 (2) if s. 940.302 (2) (a) 1. b. applies; 3) An offense under ch. 948 that is a felony, other than a violation of s. 948.22 (2); 4) A violation of s. 940.19 (3), 1999 stats., or of s. 940.19 (2), (4), (5), or (6) or 940.20 (1) or (1m), if the victim is the spouse of the person; 5) A violation of s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.21, 940.225 (1), (2), or (3), 940.23, 940.305, 940.31, 941.20 (2) or (3), 941.21, 943.02, 943.03, 943.04, 943.10 (2), 943.32 (2), 948.081, 948.21, 948.215, or; 6) Only for a caregiver, as defined in par. (ag) 2., a violation of s. 943.201, 943.203, or 943.38 (1) or (2); a violation of s. 943.34 (1), 943.395 (1), 943.41 (3) (e), (4) (a), (5), (6), or (6m), 943.45 (1), 943.455 (2), 943.46 (2), 943.47 (2), 943.50 (1m), or 943.70 (2) (a) or (am) or (3) (a) that is a felony; or an offense under sub ch. IV of ch. 943 that is a felony; 7) A violation of sub. (2) or s. 48.685 (2), (3), (4m) (b), or (6), 2015 stats., if the violation involves the provision of false information to or the intentional withholding of information from, the department, a county department, an agency contracting under s. 48.651 (2), a school board, or a child care program; 8) An offense involving fraudulent activity as a participant in the Wisconsin Works program under ss. 49.141 to 49.161, including as a recipient of a child care subsidy under s. 49.155, or as a recipient of aid to families with dependent children under s. 49.19, medical assistance under subch. IV of ch. 49, food stamps benefits under the food stamp program under 7 USC 2011 to 2036, supplemental security income payments under s. 49.77, payments for the support of children of supplemental security income recipients under s. 49.775, or health care benefits under the Badger Care health care program under s. 49.665; 9) A violation of s. 125.075 (1), 125.085 (3) (a) 2., 125.105 (2) (b), 125.66 (3), 125.68 (12), 940.09, 940.19 (2), (4), (5), or (6), 940.20, 940.203, 940.204, 940.205, 940.207, 940.25, or 943.23 (1g), a violation of s. 346.63 (1), (2), (5), or (6) that is a felony under s. 346.65 (2) (am) 4., 5., 6., or 7. or (f), (2j) (d), or (3m), or an offense under ch. 961 that is a felony; 10) A violation of s. 948.22 (2), unless the person has paid all arrearages due and is meeting his or her current support obligations; 11) A violation of the law of any other state or United States jurisdiction that would be a violation listed in subd. 1. to 10. if committed in this state; 12) A violation of the laws of another state or United States jurisdiction that if committed in this state would constitute felony battery under s. 940.19 (2), (4), (5), or (6), 940.20, or 940.204, a felony offense of domestic abuse, as defined in s. 813.12 (1) (am), a sex offense or a violent crime under ch. 948, or a violation of s. 940.225 if the victim was a child.
⁹ Id
¹⁰ Id
¹¹ Id
¹² Id
¹³ Request and Authorization to Open Juvenile Court Records for Inspection, State of Wisconsin, Circuit Court, JD-1739A, Rev. Date 03/2020 <https://www.wicourts.gov/formdisplay/JD-1739A.pdf?formNumber=JD-1739A&formType=Form&formatId=2&language=en>
¹⁴ 1) For an offense which is a felony or which would be a felony if committed by an
adult; 2) For an offense which is a misdemeanor, which would be a misdemeanor if committed by an adult or which is a violation of an ordinance, and the offense involves burglary tools, commercial gambling, dealing in gambling devices, contributing to the delinquency of a child, dealing in stolen property, controlled substances or controlled substance analogs under ch. 961, firearms, dangerous weapons, explosives, pandering, prostitution, sex offenses where children are victims, or worthless checks; 3) For an offense charged or alleged as disorderly conduct but which relates to an act connected with one or more of the offenses under subd. 2.l; 4) As a fugitive from justice; 5) For any other offense designated by the attorney general.
¹⁵ For more information about the CCH, see Hall v. Wisconsin Department of Justice, 2020 WI App 12, 391 Wis. 2d 378.
¹⁶ Welcome to WORCS, Wisconsin Online Record Check System, Wisconsin Department of Justice, <https://recordcheck.doj.wi.gov/>
¹⁷ CIB Frequently Asked Questions, Criminal History Unit, Wisconsin Department of Justice, <https://www.doj.state.wi.us/dles/cib/cib-frequently-asked-questions>
¹⁸ Wisconsin Fingerprint Removal Request, DJ-LE-250B, Rev. Date 01/03/2017, Office of the Attorney General, Wisconsin Department of Justice, <https://www.doj.state.wi.us/sites/default/files/dles/cib-forms/record-check-unit/DJ-LE-250B%20%28Draft%2001032017%29%20-%20Fingerprint%20Removal%20Request.pdf>
¹⁹ Background Check and Criminal History Information, Wisconsin Department of Justice, <https://www.doj.state.wi.us/dles/cib/background-check-criminal-history-information>
²⁰ Id
²¹ Felony violation, or solicitation, conspiracy or attempt to commit a violation of §940.01, 940.05, 940.198(2), 940.21, 940.225(1)(2) or (3), 940.235, 940.30, 940.302(2), 940.305, 940.31, 940.32(2)(2e) or (2m), 940.43, 940.45, 941.20, 941.21, 941.327, 943.02, 943.06, 943.10, 943.23(1g) or (2), 943.32, 948.02(1) or (2), 948.025, 948.03(2)(a), or (c) or (5)(a)2,3,4, or 4, 948.05, 948.051, 948.055, 948.07, 948.08, 948.085, 948.095, 948.30(2); a violation of 940.02, 940.03, 940.06, 940.07, 940.08, 940.09(1c), 940.10, 940.19(2), (4), (5), or (6), 940.195(2),(4),(5) or (6), 940.20, 940.201(2), 940.203(2), 940.207(2), 940.208, 940.23, 941.30, or 948.03(3) or (5)(a)4. Also, a felony if a 939.621 penalty enhancer could be imposed.
²² Wisconsin DNA Databank Record Expungement Request, Office of the Attorney General, Wisconsin Department of Justice, DJ-LE-177, Rev. Date 3/27/2015, <https://www.doj.state.wi.us/sites/default/files/dles/clab-forms/2018-07_DJ-LE-177.pdf>
²³ Petition for Removal of Firearm Restriction (Juvenile), State of Wisconsin, Circuit Court, JD-1771, Rev. Date 05/2020, <https://www.wicourts.gov/formdisplay/JD-1771.pdf?formNumber=JD-1771&formType=Form&formatId=2&language=en>
²⁴ Id
²⁵ “Violent felony" means any felony, or the solicitation, conspiracy, or attempt to commit any felony, under s. 943.23 (1m) or (1r), 1999 stats., or s. 940.01, 940.02, 940.03, 940.05, 940.06, 940.08, 940.09, 940.10, 940.19, 940.195, 940.198, 940.20, 940.201, 940.203, 940.21, 940.225, 940.23, 940.285 (2), 940.29, 940.295 (3), 940.30, 940.305, 940.31, 940.43 (1) to (3), 940.45 (1) to (3), 941.20, 941.26, 941.28, 941.29, 941.30, 941.327, 943.01 (2) (c), 943.011, 943.013, 943.02, 943.04, 943.06, 943.10 (2), 943.23 (1g), 943.32, 943.81, 943.82, 943.83, 943.85, 943.86, 943.87, 943.88, 943.89, 943.90, 946.43, 947.015, 948.02 (1) or (2), 948.025, 948.03, 948.04, 948.05, 948.06, 948.07, 948.08, 948.085, or 948.30; or, if the victim is a financial institution, as defined in s. 943.80 (2), a felony, or the solicitation, conspiracy, or attempt to commit a felony under s. 943.84 (1) or (2).
²⁶ Petition for Examination or Assessment, State of Wisconsin, Circuit Court, JD-1731, Rev. Date 11/2019, <https://www.wicourts.gov/formdisplay/JD-1731.pdf?formNumber=JD-1731&formType=Form&formatId=2&language=en>
²⁷ Order for Examination or Assessment, State of Wisconsin, Circuit Court, JD-1732, Rev. Date 11/2015, <https://www.wicourts.gov/formdisplay/JD-1732.pdf?formNumber=JD-1732&formType=Form&formatId=2&language=en>
²⁸ Many treatment providers are mandatory reporters for purposes of child abuse and sexual abuse pursuant to Wis. Stat. § 48.981. Although mandatory reporters are required to report abuse when their child-client is the victim of abuse or threat of abuse, some treatment professionals interpret their responsibility to include cases in which the child-client is the perpetrator of abuse. Treatment providers may also have a duty, pursuant to Wis. Stat. § 175.32, to report if they believe in good faith based on a threat made by an individual seen in the course of professional duties regarding violence in or targeted at a school, that there is a serious and imminent threat to the health or safety of a student or school employee or the public. Finally, mental health professionals may have a "duty to warn" when they believe a client "has a substantial probability of harm to himself or herself or another person." Wis. Stat. § 51.17(3)(a).
²⁹ § 938.355(4m)(b) requires expungement if the juvenile was adjudicated delinquent for one of several invasion of privacy crimes under Wis. Stat. § 942.08, it was the juvenile’s first adjudication, and the dispositional order has been satisfactorily completed.
³⁰ Petition to Expunge Court Record of Adjudication/ Recommendation of District Attorney, State of Wisconsin, Circuit Court, JD-1780, Rev. Date 11/2019, <https://www.wicourts.gov/formdisplay/JD-1780.pdf?formNumber=JD-1780&formType=Form&formatId=2&language=en>
