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Wisconsin Background Check Laws: What Employers Need to Know
Wisconsin adds protections around arrest records and applicant privacy, with Madison layering on its own local requirements. Relevant across the state's manufacturing, agriculture, and healthcare industries, here's what applies whether you're hiring in Milwaukee, Madison, or Green Bay.
Arrest Records
Employers can't inquire about arrests that didn't result in a conviction, with an exception for currently pending charges.
Social Media Password Protections
As a condition of employment, employers can't request or require an employee or applicant to disclose access information for a personal internet account, or otherwise grant access to or allow observation of that account.
Medical Exam Costs
Employers can't require employees or applicants to pay for medical examinations.
Madison
Employers in Madison are subject to additional restrictions under the city's municipal code, on top of the statewide rules.
Tenant Screening Costs
Landlords may require an applicant to pay the actual cost, up to $25, for a credit report. An applicant who isn't a Wisconsin resident may also be required to pay up to $25 for a background check.
Pass-Through Fees for Wisconsin Records
| Record Type | Fee |
|---|---|
| Criminal county search | No pass-through fee listed for county-level searches in this state |
| Criminal statewide (WI Dept. of Justice Crime Information Bureau) | $7.00 per name-based search through the Wisconsin Online Record Check System (WORCS) |
| Motor vehicle record | $7.00 |
Fees are sourced from 3rd Degree Screening's published fee schedule and are subject to change without notice by the issuing agency.
Common Questions from Wisconsin Employers
Can I ask a Wisconsin candidate about an arrest?
Only if the charges are currently pending. Arrests that didn't result in a conviction are off-limits.
Does Madison have different rules than the rest of Wisconsin?
Yes. Madison employers have additional restrictions under the city's municipal code beyond statewide requirements.
Can a Wisconsin landlord charge for a background check?
Yes, up to $25 for a credit report at actual cost, and up to $25 for a background check on an out-of-state applicant.
This information is provided for informational purposes only and does not constitute legal advice. Laws and requirements may change and may vary based on specific facts and circumstances. Users should consult their own qualified legal counsel regarding their specific compliance obligations.
