What is Wisconsin's substantial relationship test?

Under Wis. Stat. § 111.335, Wisconsin employers can only take adverse action (refuse to hire, fire, etc.) based on a conviction that is 'substantially related' to the specific job. The employer must evaluate whether your particular offense has a real connection to the duties and responsibilities of the position. For example, a theft conviction might be substantially related to a cash-handling job but not to a construction position. A blanket ban on hiring people with criminal records is illegal in Wisconsin.

Can I get my record expunged in Wisconsin?

Wisconsin's expungement law (Wis. Stat. § 973.015) is unusually restrictive. Expungement must be ordered by the judge at the time of sentencing — it cannot be applied for retroactively. It is limited to people who were under 25 at the time of the offense and convicted of certain qualifying crimes (generally misdemeanors and low-level felonies with maximum imprisonment of 6 years or less). If the judge did not order expungement at sentencing, the opportunity is typically lost.

Can a Wisconsin employer refuse to hire me because of any criminal record?

No. Wisconsin law prohibits employers from having blanket bans on hiring people with criminal records. Under the substantial relationship test (Wis. Stat. § 111.335), an employer can only deny employment based on a conviction that is substantially related to the specific job. If your conviction is not related to the position, the employer cannot use it against you. You can file a complaint with the Wisconsin Department of Workforce Development if an employer violates this law.

Can Wisconsin employers consider arrest records?

Generally no. Wisconsin law (Wis. Stat. § 111.335) prohibits employers from considering arrest records that did not result in conviction. Employers can only consider conviction records, and only when the conviction is substantially related to the job. Pending charges can be considered if substantially related to the position.

Does Wisconsin have any automatic record clearing?

No. Wisconsin does not have a Clean Slate law or automatic record-clearing mechanism. The expungement process is limited and must be ordered at sentencing. There have been discussions about reforming Wisconsin's expungement law to allow retroactive applications, but no such law has been enacted as of 2026.

What can I do if a Wisconsin employer unfairly uses my criminal record?

If you believe an employer denied you a job based on a conviction that is not substantially related to the position, you can file a complaint with the Wisconsin Department of Workforce Development — Equal Rights Division. They will investigate whether the employer violated Wis. Stat. § 111.335. You can also consult with a legal aid organization for advice.

Wisconsin Background Check Laws

No state lookback limitLast updated: 2026-04-01

Wisconsin has no state lookback limit — convictions appear on background checks indefinitely. Ban-the-box applies to public employers only (2016 executive order). No Clean Slate law. Wisconsin has a notable 'substantial relationship' test (Wis. Stat. § 111.335) — employers can only deny based on convictions substantially related to the job.

Overview

Wisconsin does not impose a state-level time limit on how far back employers can look at criminal convictions. Under the federal Fair Credit Reporting Act (FCRA), convictions can be reported indefinitely, and Wisconsin has no stricter state law overriding this default. Wisconsin has a limited ban-the-box policy for state government employers. Executive Order 82 (2016) directed state agencies to remove criminal history questions from initial job applications. This policy does not extend to private employers. What makes Wisconsin notable is the 'substantial relationship' test. Under Wis. Stat. § 111.335, employers can only deny employment based on a conviction that is substantially related to the job. This is one of the strongest employment protections for people with records in any state without a comprehensive fair-chance law. The substantial relationship requirement applies to all employers covered by Wisconsin's Fair Employment Act and means that a blanket ban on hiring people with criminal records is not permitted. Wisconsin does not have a Clean Slate law. Expungement is available but must be ordered at the time of sentencing (not retroactively), and is limited to people under age 25 at the time of the offense for certain eligible crimes.

How Far Back Does a Background Check Go in Wisconsin?

Record Type	Rule in Wisconsin
Felony Convictions	Reported indefinitely. No state time limit on felony conviction reporting.
Misdemeanor Convictions	Reported indefinitely. No state time limit on misdemeanor conviction reporting.
All Convictions	No state limit. Convictions can be reported indefinitely under FCRA defaults. Wisconsin has no statute restricting how far back consumer reporting agencies can report criminal convictions.
Arrests (No Conviction)	Under the FCRA, arrests that did not lead to conviction can be reported for up to 7 years. Wisconsin does not impose a stricter limit. However, Wisconsin law generally prohibits employers from considering arrest records (only conviction records) under Wis. Stat. § 111.335.
Pending Cases	Pending charges can be reported. Wisconsin law allows employers to consider pending charges only if the charge is substantially related to the job.

Ban the Box / Fair Chance

Yes

Governor Walker signed Executive Order 82 in 2016, directing state agencies to remove criminal history questions from initial job applications for most positions. The inquiry is delayed until later in the hiring process. This policy does NOT apply to private employers, local governments, or positions where a background check is required by law. The City of Madison and Milwaukee County have adopted their own local fair-chance hiring ordinances.

Effective: 2016-01-01

Clean Slate / Auto-Sealing

No Clean Slate law

Wisconsin does not have a Clean Slate law providing automatic record sealing or expungement. Wisconsin's expungement law (Wis. Stat. § 973.015) is unusual in that expungement must be ordered by the judge at the time of sentencing — it cannot be applied for retroactively. Expungement eligibility is limited to individuals who were under age 25 at the time of the offense and convicted of certain qualifying crimes (generally misdemeanors and some low-level felonies with a maximum imprisonment of 6 years or less). If the judge does not order expungement at sentencing, the opportunity is lost.

What Employers Can Do in Wisconsin

When can employers ask about criminal history?: State government employers must delay criminal history inquiries per Executive Order 82. Private employers can ask at any time. However, regardless of when they ask, Wisconsin employers are subject to the substantial relationship test when making employment decisions based on criminal history.
What can they consider?: Under Wis. Stat. § 111.335, Wisconsin employers can only refuse to hire, terminate, or take adverse action based on a conviction that is 'substantially related' to the particular job. This means employers must evaluate whether the specific offense has a real connection to the duties and responsibilities of the position. A blanket policy of refusing to hire anyone with a criminal record violates Wisconsin law. This applies to all employers covered by the Wisconsin Fair Employment Act.
Individualized assessment required?: Yes — employers must evaluate each applicant individually, considering the nature of the offense, time elapsed, and relevance to the job.

Key Laws in Wisconsin

Wis. Stat. § 111.335 (Substantial Relationship Test)
Prohibits employers from discriminating against applicants or employees based on criminal convictions unless the conviction is substantially related to the job. Also prohibits consideration of arrest records that did not result in conviction. One of the strongest employment protections for people with records in any state.
Wis. Stat. § 973.015 (Expungement)
Allows expungement of certain criminal records, but only when ordered by the judge at the time of sentencing. Limited to individuals under age 25 at the time of the offense and certain qualifying crimes (generally misdemeanors and low-level felonies with maximum imprisonment of 6 years or less). Cannot be applied retroactively.
Executive Order 82 (Ban-the-Box for State Employers)(2016)
Signed by Governor Walker in 2016. Directs state agencies to remove criminal history questions from initial job applications for most positions. Does not apply to private employers.
Fair Credit Reporting Act (FCRA) — Federal(1970)
Federal law governing background check agencies. Allows reporting of convictions indefinitely but limits reporting of non-conviction arrests to 7 years. Requires applicant consent before running a background check.

Frequently Asked Questions — Wisconsin

How far back does a background check go in Wisconsin?: Wisconsin has no state limit on how far back criminal convictions can be reported. Under the FCRA, convictions can appear indefinitely. Arrests that did not lead to conviction are limited to 7 years under federal law. However, even old convictions are subject to the substantial relationship test — employers can only deny based on convictions that are substantially related to the job.
What is Wisconsin's substantial relationship test?: Under Wis. Stat. § 111.335, Wisconsin employers can only take adverse action (refuse to hire, fire, etc.) based on a conviction that is 'substantially related' to the specific job. The employer must evaluate whether your particular offense has a real connection to the duties and responsibilities of the position. For example, a theft conviction might be substantially related to a cash-handling job but not to a construction position. A blanket ban on hiring people with criminal records is illegal in Wisconsin.
Does Wisconsin have ban-the-box for private employers?: No statewide ban-the-box for private employers. Executive Order 82 (2016) only applies to state government employers. However, the City of Madison and Milwaukee County have adopted their own local fair-chance hiring ordinances. And regardless of ban-the-box, the substantial relationship test applies to all employment decisions.
Can I get my record expunged in Wisconsin?: Wisconsin's expungement law (Wis. Stat. § 973.015) is unusually restrictive. Expungement must be ordered by the judge at the time of sentencing — it cannot be applied for retroactively. It is limited to people who were under 25 at the time of the offense and convicted of certain qualifying crimes (generally misdemeanors and low-level felonies with maximum imprisonment of 6 years or less). If the judge did not order expungement at sentencing, the opportunity is typically lost.
Can a Wisconsin employer refuse to hire me because of any criminal record?: No. Wisconsin law prohibits employers from having blanket bans on hiring people with criminal records. Under the substantial relationship test (Wis. Stat. § 111.335), an employer can only deny employment based on a conviction that is substantially related to the specific job. If your conviction is not related to the position, the employer cannot use it against you. You can file a complaint with the Wisconsin Department of Workforce Development if an employer violates this law.
Can Wisconsin employers consider arrest records?: Generally no. Wisconsin law (Wis. Stat. § 111.335) prohibits employers from considering arrest records that did not result in conviction. Employers can only consider conviction records, and only when the conviction is substantially related to the job. Pending charges can be considered if substantially related to the position.
Does Wisconsin have any automatic record clearing?: No. Wisconsin does not have a Clean Slate law or automatic record-clearing mechanism. The expungement process is limited and must be ordered at sentencing. There have been discussions about reforming Wisconsin's expungement law to allow retroactive applications, but no such law has been enacted as of 2026.
What can I do if a Wisconsin employer unfairly uses my criminal record?: If you believe an employer denied you a job based on a conviction that is not substantially related to the position, you can file a complaint with the Wisconsin Department of Workforce Development — Equal Rights Division. They will investigate whether the employer violated Wis. Stat. § 111.335. You can also consult with a legal aid organization for advice.

Wisconsin Resources

Wisconsin Department of Justice — Criminal Records
The state agency that maintains criminal history records. You can request your own criminal history record here.
Wisconsin Department of Workforce Development — Equal Rights Division
The agency that enforces the substantial relationship test and handles employment discrimination complaints related to criminal records.
Legal Action of Wisconsin
Provides free legal assistance to low-income Wisconsinites, including employment rights and reentry legal issues.
Wisconsin Reentry Resources
Wisconsin Department of Corrections reentry resources, including employment programs and transitional services.

Disclaimer: This is informational only, not legal advice. Background check laws change frequently. Consult a qualified attorney in Wisconsin for advice about your specific situation. Information was last verified on 2026-04-01.

Sources

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