Wisconsin Background Check Laws
WI Employer Compliance Guide
Employers in Wisconsin must navigate a specific set of state laws governing background checks, in addition to federal regulations, to ensure compliant hiring practices.
Content updated
Wisconsin background check laws at a glance
- Does Wisconsin have a ban-the-box law?
- Yes — none coverage, applying to public employers only.
- Can employers ask about salary history?
- No statewide salary history ban in Wisconsin. Local rules may still apply.
- How far back can a background check go?
- Wisconsin law prohibits employers from discriminating against an applicant or employee based on an arrest record that did not result in a conviction, or a conviction record that is not 'substantially related' to the circumstances of the particular job. An employer may not consider an arrest record unless the arrest is pending or the employer reasonably believes the circumstances of the arrest are substantially related to the job. For conviction records, the employer must determine if the circumstances of the conviction are 'substantially related' to the job duties and responsibilities. There is no specific time limit on reporting conviction records, but their use is restricted by the 'substantial relationship' test. (Wis. Stat. § 111.335)
- Governing statutes
- Wis. Stat. § 111.335; Wis. Stat. § 111.321; Wis. Stat. § 111.335(1)(b); Wis. Stat. § 973.015
Complying with Wisconsin's background check laws is crucial for employers to avoid legal penalties, ensure fair hiring practices, and maintain a positive reputation. These state-specific regulations often supplement or modify federal laws like the Fair Credit Reporting Act (FCRA), creating a complex landscape that demands careful attention. Understanding Wisconsin's unique provisions, particularly regarding the use of criminal records and the timing of inquiries, is essential. This guide provides a comprehensive overview to help employers conduct background checks legally and ethically within the state. Failure to adhere to these laws can result in significant fines, lawsuits, and damage to an employer's brand. Therefore, a thorough understanding and implementation of compliant screening policies are paramount for any business operating in Wisconsin.
Ban-the-Box Laws
Wisconsin has a 'ban-the-box' law that applies to state and local government employers. These employers are prohibited from inquiring about an applicant's criminal record on an initial employment application. They may only inquire about an applicant's criminal record after the applicant has been certified as qualified for the position and has been given a conditional offer of employment, or if the employer determines that the conviction is substantially related to the circumstances of the particular job. This law does not apply to private employers.
State FCRA Variations
While Wisconsin does not have a state-level FCRA equivalent, employers must still comply with the federal FCRA when using third-party background check companies. Wisconsin law does, however, place specific restrictions on the use of arrest and conviction records, which can be more stringent than federal guidelines in certain aspects, particularly regarding the 'substantial relationship' test for conviction records.
Reporting Limitations
Wisconsin law prohibits employers from discriminating against an applicant or employee based on an arrest record that did not result in a conviction, or a conviction record that is not 'substantially related' to the circumstances of the particular job. An employer may not consider an arrest record unless the arrest is pending or the employer reasonably believes the circumstances of the arrest are substantially related to the job. For conviction records, the employer must determine if the circumstances of the conviction are 'substantially related' to the job duties and responsibilities. There is no specific time limit on reporting conviction records, but their use is restricted by the 'substantial relationship' test. (Wis. Stat. § 111.335)
Expungement & Record Sealing
Wisconsin law allows for the expungement of certain criminal records, particularly for individuals under 25 at the time of the offense, if specific conditions are met. If a record has been expunged, it should not be reported or considered by employers. Employers should be cautious about using information from expunged records, as doing so could lead to claims of discrimination. (Wis. Stat. § 973.015)
Local Fair Chance Ordinances
Beyond the ban-the-box law for public employers, Wisconsin's fair chance principles are primarily embedded in its anti-discrimination statute (Wis. Stat. § 111.335), which prohibits discrimination based on arrest or conviction records unless the record is 'substantially related' to the job. This requires an individualized assessment.
Key Screening Rules
Substantially Related Test for Convictions
Arrest Record Limitations
Ban-the-Box for Public Employers
Expunged Records
Adverse Action Procedures
Frequently Asked Questions: Wisconsin
Does Wisconsin have a 'ban-the-box' law for all employers?
No, Wisconsin's 'ban-the-box' law (Wis. Stat. § 111.335(1)(b)) only applies to state and local government employers. Private employers are not subject to this specific restriction on initial applications.
Can I ask about an applicant's arrest record in Wisconsin?
Generally, no. Wisconsin law prohibits discrimination based on an arrest record that did not result in a conviction. You can only consider an arrest record if the arrest is pending or if you reasonably believe the circumstances of the arrest are substantially related to the job. (Wis. Stat. § 111.335)
What does 'substantially related' mean for conviction records?
The 'substantially related' test requires an employer to assess whether the circumstances of a conviction directly relate to the duties and responsibilities of the job. This involves an individualized assessment, considering factors like the nature and gravity of the offense, the time passed since the conviction, and the nature of the job held or sought.
Are there any restrictions on how far back I can look for criminal records in Wisconsin?
Wisconsin law does not impose a specific time limit on how far back you can look at conviction records. However, the 'substantially related' test (Wis. Stat. § 111.335) effectively limits the use of older, less relevant convictions. For non-conviction information (like arrests not leading to conviction), federal FCRA limits generally apply (7 years), but Wisconsin's anti-discrimination law is often more restrictive on their use.
Do I need to follow FCRA rules in Wisconsin?
Yes, if you use a third-party company to conduct background checks, you must comply with the federal Fair Credit Reporting Act (FCRA), including obtaining proper consent and following adverse action procedures. Wisconsin law adds specific restrictions on the use of criminal records that must also be followed.
Key Statutes
Wis. Stat. § 111.335
— Prohibits employment discrimination based on arrest or conviction record unless the circumstances of the arrest or conviction are substantially related to the circumstances of the particular job.
Wis. Stat. § 111.321
— Defines 'discrimination' to include discrimination based on arrest record or conviction record.
Wis. Stat. § 111.335(1)(b)
— Specifically addresses the 'ban-the-box' provision for state and local government employers, prohibiting criminal record inquiries on initial applications.
Wis. Stat. § 973.015
— Outlines the conditions and procedures for expungement of criminal records in Wisconsin.
Sources for this Wisconsin guide
Statutes change. Confirm the current text on the issuing agency's own site before relying on it for a hiring decision.
Wisconsin primary authority
- Wisconsin Office of the Attorney General
Wisconsin Attorney General · link checked 2026-09-17
Federal authority
- Fair Credit Reporting Act (revised March 2026), § 605 [15 U.S.C. § 1681c]
Federal Trade Commission · March 2026 text read via web retrieval; direct fetch returned 404 on 2026-10-08; not legal review
- 15 U.S.C. § 1681c — Requirements relating to information contained in consumer reports
U.S. Government Publishing Office · link checked 2026-09-17
- 16 CFR Part 698 — Model Forms and Disclosures (FCRA)
National Archives — eCFR · link checked 2026-09-17
- 15 U.S.C. § 1681c (annotated text)
Cornell Legal Information Institute · link checked 2026-09-17
Legal disclaimer. This Wisconsin guide is general information about employment screening law, not legal advice, and it does not create an attorney–client relationship. State and local requirements change, often apply only to certain employers or job types, and can be preempted or supplemented by local ordinances. DatabaseRecords is a records-research and investigative firm, not a law firm. Consult qualified employment counsel in Wisconsin before adopting or changing a screening policy.
States bordering Wisconsin
Employers hiring across state lines must follow the law of each state where the applicant applies or will work. Compare Wisconsin with its neighbors:
Screening services for Wisconsin employers
- Employment background checks
- Employment verification
- Driving records (MVR)
- Drug testing
- Education verification
- Tenant screening
See the U.S. Employment Screening Law Center, the 50-state compliance library, our FCRA compliance overview, or how far back background checks go in Wisconsin.
Ready to Make Better Hiring Decisions?
Tell us what you need to screen and we will recommend a compliant scope. Already decided? Open an account to start ordering.