Employers in Wisconsin can conduct background checks to obtain valuable information about a candidate’s history, such as their criminal record, education, past employment, and driving history. These checks enhance the hiring process by helping employers make informed decisions, minimize risks, and maintain safer work environments.

Background checks are a critical part of the hiring process in Wisconsin. Employers must comply with federal, state, and local regulations governing these screenings, especially when performing internal checks. This guide provides an overview of how to obtain a background check in Wisconsin, methods of conducting screenings, available reports, and the benefits of using a third-party provider.

What is a Wisconsin Background Check?

A Wisconsin background check involves reviewing public records and databases to gather information about an individual’s background. These checks typically include searches for criminal records, credit history, and driving records. Employers commonly use these screenings during the hiring process to verify a candidate’s qualifications and suitability for the position.

Wisconsin Employment Background Check Laws

Wisconsin enforces state-level ban-the-box regulations and fair hiring laws that apply to public sector employers. Employers must also follow applicable federal, state, and local laws to ensure compliance and avoid legal risks.

Ban-the-Box (2016 AB 373)

Public sector employers in Wisconsin are prohibited from asking about a candidate’s criminal history on job applications. Criminal history inquiries can only be made after the interview stage.

Wisconsin Fair Employment Law

Wisconsin prohibits employers, staffing agencies, labor unions, and licensing entities from discriminating against candidates or employees based on characteristics like sex, race, ancestry, disability, marital status, religion, age, pregnancy, sexual orientation, or national origin.

Wisconsin Statute 111.335

This law prevents employers from discriminating against candidates based on their criminal history and prohibits consideration of arrests without convictions. If a candidate has a criminal record, the employer must conduct an individualized assessment before making a final hiring decision.

Wisconsin Statute § 995.55 (Social Media Law)

This law prohibits employers from requesting a candidate’s social media passwords or asking candidates to add them as contacts or access accounts in their presence.

Wisconsin Statute § 50.065

Employers hiring caregivers must conduct background checks during the recruitment process, and these checks must be repeated every four years.

Fair Credit Reporting Act (FCRA)

Employers using a Consumer Reporting Agency (CRA) must comply with FCRA guidelines, including providing written notice, obtaining candidate consent, and following the adverse action process if they decide not to hire based on the background report.

What Information Shows Up on a Wisconsin Background Check?

The information in a Wisconsin background check depends on the types of screenings conducted, whether the search is done internally or through a provider. Commonly included screenings are:

• Criminal Background Check: Reviews felony and misdemeanor convictions.
• Driving Record Check: Covers a candidate’s motor vehicle history, including traffic violations and DUI convictions.
• Education Verification: Confirms academic background, degrees obtained, and attendance dates.
• Employment Verification: Verifies past employers, job titles, and employment dates.
• Credit Checks: Reviews credit history, including payment records and bankruptcies, for roles involving financial responsibilities.
• Drug Testing: Screens for controlled substances, including illegal drugs and prescription medications, particularly for public safety roles.

Wisconsin Criminal Background Checks for Employment

Criminal records in Wisconsin are maintained by the Wisconsin Department of Justice Crime Information Bureau (CIB). Employers can access records in the centralized criminal history (CCH) database, which includes information from law enforcement, prosecutors, courts, and the Wisconsin Department of Corrections.

Most criminal record searches are name-based and provide quick results, but employers may also request fingerprint-based searches for verification, especially for regulated industries.

How Long Does a Wisconsin Background Check Take?

The completion time for a Wisconsin background check varies based on the types of records requested and the method used. National checks using digitized records may produce results within minutes, while education verifications and reference checks may take several days. Employers who conduct searches independently often face longer processing times compared to those using a CRA.

By partnering with a CRA like Identify Background Checks, employers can streamline the process, gaining access to various public records and receiving faster, more accurate results.

How Far Back Do Background Checks Go in Wisconsin?

The length of time covered by a Wisconsin background check depends on the type of screening and the regulations governing the search. Employers using a CRA must comply with FCRA guidelines, which restrict non-conviction information to a seven-year period. Exceptions include bankruptcies, which may be reported for up to 10 years, and criminal convictions, which can be reported indefinitely.

How to Get a Background Check in Wisconsin

Employers can request a background check directly through the Wisconsin Online Record Check System (WORCS) or partner with a CRA. WORCS allows employers to request criminal history checks for a fee, with certified copies available for an additional charge. Conducting internal checks often requires manual data entry and legal compliance efforts.

Collaborating with a CRA like Identify Background Checks simplifies the process, offering access to multiple public records and compliance tools, ensuring a more efficient background check process.

How Much Does a Wisconsin Background Check Cost?

The cost of a Wisconsin background check varies based on the records requested and the frequency of screenings. For example, a certified motor vehicle report costs $10, while a criminal history check starts at $7. These fees can add up for employers conducting multiple checks.

Partnering with a CRA can be more cost-effective, with background check packages starting at $10.00 through providers like Identify Background Checks.