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A bipartisan group of legislators is working together to pass a law that would create expungement opportunities for residents who have low-level convictions.

About The Bill

Wisconsin’s proposed Assembly Bill 37 (AB37) would amend existing legislation that defines which qualifications must be met for a person to have a record expunged. The primary update is the removal of a qualifier that the individual must have committed the crime before they were 25 years old. Therefore, the updated law would say that a record can be expunged if:

• The maximum term of imprisonment for the crime is six years or less.
• The crime was not a violent felony.
• The person had not been previously convicted of a felony.
• And there would be no limit on age.

If this bill passes, it would be a big change for how expungements work in Wisconsin. Currently, individuals should request an expungement at the time of their sentencing. Once a case is closed, expunction is often no longer an option.

When Expunction Occurs

Once a record is expunged, it is no longer publicly available. AB37 notes that those records may not be considered for any employment purposes. The person who had the conviction is then permitted to act as if it never happened. Because of this important stipulation, if an employer reviews a record that was expunged and sealed, it would be looked upon as a form of employment discrimination.

However, there are some exceptions. The bill states that it is not discriminatory for a law enforcement agency to refuse to certify, recertify, or allow an individual to participate in a training program if they have a record that was expunged. There may be other exceptions; we recommend consulting with legal counsel to ensure your organization is compliant with applicable laws.

Some Records Are Ineligible

Even if the law passes, not every record will be eligible for expunction. AB37 specifies that the following types of offenses cannot be expunged:

• Domestic abuse.
• Violent offenses.
• Traffic crimes.

Takeaway For Employers

Employers in Wisconsin and throughout the country should be aware that they may not consider expunged records when making employment or other decisions about consumers. One simple way to avoid that possibility is to work with a Consumer Reporting Agency (CRA) that is accredited by the Professional Background Screening Association (PBSA). Before a CRA can earn accreditation, they must demonstrate that they take all reasonable steps to only provide records that are current, accurate and reportable.

Running Background Checks

If your organization needs background checks for employment purposes, please contact us. Backgrounds Online is an accredited CRA with more than 20 years of experience as a leader in the screening industry.

Our highly experienced team can help you customize screening packages based on your specific needs, applicable laws and industry regulations. We are based in California and available to assist you Monday through Friday from 5am to 6pm PT.