Wisconsin background check laws for employers

At a glance

The Wisconsin rules on each topic, in one line. Federal law applies to every topic.

When you may ask about criminal history

Who it covers: Every employer with at least one employee, including the state and its agencies (Wis. Stat. § 111.32(6)).

Wisconsin has no ban-the-box timing rule, but the Fair Employment Act makes arrest record and conviction record protected bases. An employer may not ask an applicant, on an application form or otherwise, about arrest records, except a pending charge. It may refuse to hire or may suspend a person with a pending charge only if the circumstances of the charge substantially relate to the circumstances of the particular job. An employer may ask about convictions, but may refuse to hire, bar, or terminate because of a conviction only when the circumstances of the offense substantially relate to the circumstances of the particular job, or the person is not bondable where a bond is required. A blanket no-convictions rule is unlawful; each job and record must be considered individually (DWD guidance). The Wisconsin Supreme Court held in 2025 that the Act bars acting ‘because of’ an arrest record, not acting on the employer’s own belief, formed independently of the arrest record, that the employee did the conduct (Oconomowoc Area School District v. Cota, 2025 WI 11). No notice or waiting period is required for private employers (licensing agencies have written-reason and rehabilitation-evidence rules). Complaints go to the DWD Equal Rights Division within 300 days.

Exceptions

• Bondability under a standard fidelity bond required by law, regulation, or established business practice (arrest and conviction).
• Pending charges that substantially relate to the job.
• Convictions that substantially relate to the particular job.
• Unpardoned felony: private detective and security businesses under § 440.26 (3)(b); burglar alarm installers (3)(c); educational agencies, which include private and charter schools (3)(e).
• Offenses under § 440.52(13)(c) (3)(f); selective service convictions for the state classified service (3)(d).

Wis. Stat. § 111.321 · Wis. Stat. § 111.335(2)(a) · Wis. Stat. § 111.335(3)(a)1. · Wis. Stat. § 111.32(6)(a) · Wis. Stat. § 111.335(2)(b) · Wis. Stat. § 111.335(3)(e) · Wis. Stat. § 111.335 annotation: Oconomowoc Area School District v. Cota, 2025 WI 11 · Wisconsin DWD, Equal Rights Division, Arrest and Conviction Record (guidance) · Wisconsin DWD, Equal Rights Division, Arrest and Conviction Record (guidance)

Sealed and expunged records

Who it covers: Expunged records are removed from the court record. The statute does not bar employer inquiries, and it does not require police or prosecutors to destroy their records.

No automatic clean-slate law and no petition-based expungement. Under Wis. Stat. § 973.015, the sentencing court may order, at the time of sentencing, that the record be expunged on successful completion of the sentence. This is available only if the person was under 25 at the time of the offense, the maximum prison term is 6 years or less, and the court finds the person will benefit and society will not be harmed. Expungement is mandatory for certain § 942.08 privacy offenses committed under age 18. Expungement then happens on its own when the person completes the sentence. Separate relief exists for trafficking victims (§ 973.015(2m)). Expunction deletes the court record; it does not invalidate the conviction.

Exceptions

• A Class H or Class I felony cannot be expunged if the person has a prior felony, or if it is a violent offense or a listed offense (§ 973.015(1m)(a)3.).
• Department of Transportation records of reportable convictions are not expunged (§ 973.015(1m)(a)1.).

Wis. Stat. § 973.015(1m)(a)1. · Wis. Stat. § 973.015(1m)(a)1. · Wis. Stat. § 973.015(1m)(a)3.b. · Wis. Stat. § 973.015(1m)(b)

Salary history questions

Who it covers: All employers; preempts local ordinances.

In force since: April 18, 2018

No state ban. Wisconsin law gives employers an express right to ask about salary history and bars cities, villages, towns, and counties from banning it (Wis. Stat. § 103.36). Any local ordinance in effect on April 18, 2018 does not apply and may not be enforced.

Wis. Stat. § 103.36(1) · Wis. Stat. § 103.36(3)(a)

Drug and alcohol testing procedures

Who it covers: Contractors, subcontractors, and their agents performing work on projects of public works or public utility projects (Wis. Stat. § 103.503(1)(f)).

No general rule constrains private-employer drug testing. One statute requires testing: an employer working on a covered public works or public utility project must have a written substance abuse prevention program before work starts. The program must require pre-work, random, reasonable-suspicion, and post-accident drug and alcohol testing, and must remove an employee who tests positive or refuses until listed conditions are met. Pre-work testing is not needed if the employee was in a random testing program in the prior 90 days.

Exceptions

• Pre-work test not required after 90 days in a random testing program (§ 103.503(3)(a)2.).

Wis. Stat. § 103.503(3)(a) · Wis. Stat. § 103.503(3)(a)2.

Where federal law alone applies

We found no Wisconsin rule for private employers on these topics. The FCRA and other federal laws still apply.

• Limits on what a report includes
• Credit checks
• Cannabis
• State consumer reporting law

Local rules

Some places in Wisconsin add their own rules. A local rule applies on top of the state rule.

• Madison (city). Equal Opportunities Ordinance (MGO 39.03) makes arrest record, conviction record, and credit history protected classes for employers in the city. An employer may not request arrest-record information, on an application or otherwise, except a pending charge (39.03(8)(f)1.). It may act on a pending charge or a conviction only if it substantially relates to the particular job, judged after a reasonable inquiry into the offense, including its seriousness, the time since probation, parole, release, or fine, the person’s age at the time, and the person’s character (39.03(8)(i)3.). ORD-24-00076 (12-4-24) struck the former three-year lookback, and ORD-25-00002 (1-24-25) amended the same clause. Enforced by the Madison Department of Civil Rights. Madison General Ordinances § 39.03(8)(f)1., (8)(i)3.
• Madison (city): credit history. MGO 39.03(8)(f)1. bars any employer from requesting credit history (information in a consumer report as defined in 15 USC 1681a(d)), on an application form or otherwise. Credit history may be used only when its circumstances substantially relate to the particular job, or when bondability is required (39.03(8)(i)7.). Madison General Ordinances § 39.03(2), (8)(f)1., (8)(i)7.
• Madison (city): ban the box for city contractors. MGO 39.08 requires covered city contractors (service contracts over $25,000, recipients of city financial assistance over $25,000, public works contractors, and prequalified contractors and subcontractors) to remove arrest and conviction questions from application forms, and not to ask about records or run a background check until after a conditional offer. Exempt: positions where a conviction is a legal bar, or where the law requires a check at another time. Madison General Ordinances § 39.08(3)(b), (4)

Adverse action notices

Before you reject or act against someone because of a background check report, the FCRA requires a pre-adverse action notice, a wait, and then a final notice. The adverse action letter generator writes both notices and adds the Wisconsin requirements where they apply.

The waiting period calculator gives the date under the federal rule.

Paperwork at hire

Besides the federal Form I-9 and W-4, Wisconsin sets these for each new hire.

• State withholding. Have each new hire give you a signed Form WT-4 on or before their first day; without it, withhold as if they claimed no exemptions. Form WT-4
• New hire report. Report each new hire to Wisconsin within 20 days. State new hire reporting
• Notices at hire. Wisconsin adds none beyond the federal forms that every employer gives.

Build the new hire checklist for Wisconsin, with city rules, special cases and a due date for each item.

Sources

• Wis. Stat. § 111.321
• Wis. Stat. § 111.335(2)(a)
• Wis. Stat. § 111.32(6)(a)
• Wis. Stat. § 111.335 annotation: Oconomowoc Area School District v. Cota, 2025 WI 11
• Wisconsin DWD, Equal Rights Division, Arrest and Conviction Record (guidance)
• Wis. Stat. § 973.015(1m)(a)1.
• Wis. Stat. § 103.36(1)
• Wis. Stat. § 103.503(3)(a)
• Madison General Ordinances § 39.03(8)(f)1., (8)(i)3.
• Madison General Ordinances § 39.08(3)(b), (4)

Last reviewed October 20, 2026 · General information, not legal advice.

After the hire

Once a background check clears, payroll and onboarding come next. Rippling (paid link) runs payroll, benefits and onboarding from one employee record.