Proactive Ideas for Handling a Criminal Record

What to do about what’s on it

It is critical that you know what is on it and that you list every case you have when requested by an employer OR you could be denied an opportunity for employment.  Don’t take this for granted in any way.

Expungement

§         Applies to court records only

§         Hides the courthouse file and CCAP record but is still on CIB

§         Issues:

·        Were you under 21 and committed a misdemeanor?

·        Are you off paper and trouble free?

·        Talk to judge’s clerk for information on how to request it

Hiding Records

§         A judge orders a record removed from CCAP if the conviction is inflammatory or immediately preventing employment

§         Need a lawyer to get this done

§         Must prove there is harm being done by the record being out there

Record Removal

o       Arrests resulting in no prosecution, dismissal, or acquittal can be removed from CIB

o       Must file a removal request with the CIB – one request for each cycle to be removed

o       Does not remove a case from CCAP

Pardon

o       Rare and not helpful

Criminal Records in the State of Wisconsin

This blog is written specifically for those with records in the state of Wisconsin. Contact your state's department of justice for more information concerning how this works in your state.

Understanding Your Criminal Background

Different places use different records.  Many employers ask on their application if you were ever convicted of a crime, or they might word the question to ask whether you have ever been convicted of a felony or misdemeanor. Typically, the application says you do not have to divulge a case that was expunged or dismissed, or that was a minor traffic violation.

Reports Used

CCAP http://www.wcca.wicourts.gov/

            A court record maintained by the court system when cases are filed in

            Circuit Court.  Updated when court evens occur

                        Caution!

·   Easy to mix people up

·   May say more than you want it to

·   Easy for people to access and misunderstand

CIB (Crime Information Bureau) www.doj.state.wi.us/dles/cib

            Is a police arrest record AND is what the law requires employers to use.

            Are listed in cycles – a cycle is started for each arrest

            Updated when police or courts send info the state – Wisconsin Dept. of

            Justice

      Caution!

·   There is no legislation stating this information must be accurate – no accountability

·   Sometimes there is duplicate information making it look like there are more events than there actually are

·   There are fees to access record. The amount of the fee depends on who you are.

·   Contains too much information, including personal information

·   Easily misunderstood

·   Includes expunged cases

FBI Report  http://www.fbi.gov/hq/cjisd/fprequest.htm

            Good to check if you have cases in other states

Driving Record  http://www.dot.wisconsin.gov/drivers/index.htm

Request a copy of your driving record from the Department of Motor Vehicles, especially if you are applying for a job that involves driving.  Don't be confused. An OWI conviction is not considered a minor traffic infraction. Applicants with an OWI who have not checked "yes" on a job application may be denied employment for falsifying the form -- even when the incident occurred only once or happened many years before. The employer perceives this as dishonesty, even though the applicant might only have been confused by the question.