111.335 Arrest or conviction record; exceptions and special cases.

682 words·~3 min read·/wi/chapter-111/111-335

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(1m)Definitions. In this section:

(a)“Educational agency” means a school district, a cooperative educational service agency, a county children with disabilities education board, a state prison under s. 302.01 , a juvenile correctional facility, as defined in s. 938.02

(10p), a secured residential care center for children and youth, as defined in s. 938.02

(15g), the Wisconsin Center for the Blind and Visually Impaired, the Wisconsin Educational Services Program for the Deaf and Hard of Hearing, the Mendota Mental Health Institute, the Winnebago Mental Health Institute, a state center for the developmentally disabled, a private school, a charter school, a private, nonprofit, nonsectarian agency under contract with a school board under s. 118.153

(c), or a nonsectarian private school or agency under contract with the board of school directors in a 1st class city under s. 119.235

(1).

(b)“Exempt offense” means any of the following:

1. A violation specified in ch. 940 or s. 948.02 , 948.025 , 948.03 , 948.05 , 948.051 , 948.055 , 948.06 , 948.07 , 948.072 , 948.075 , 948.08 , 948.085 , or 948.095 .

2. A violation of the law of another jurisdiction that would be a violation described in subd. 1. if committed in this state.

(c)“State licensing agency” means a licensing agency that is an agency, as defined in s. 227.01

(1).

(d)“Violent crime against a child” means any of the following:

1. A violation of s. 948.02

(1)or

(2), 948.025 , 948.03

(a)or

(c)or

(a)1. , 2. , 3. , or 4. , 948.05 , 948.051 , 948.055 , 948.07 , 948.072 , 948.08 , 948.085 , 948.095 , or 948.30

(2).

2. A felony violation of s. 948.03

(3)or

(a)4.

3. A violation of the law of another jurisdiction that would be a violation described in subd. 1. or 2. if committed in this state.

(2)Discrimination because of arrest record; exceptions.

(a)Employment discrimination because of arrest record includes, but is not limited to, requesting an applicant, employee, member, licensee or any other individual, on an application form or otherwise, to supply information regarding any arrest record of the individual except a record of a pending charge, except that it is not employment discrimination to request such information when employment depends on the bondability of the individual under a standard fidelity bond or when an equivalent bond is required by state or federal law, administrative regulation or established business practice of the employer and the individual may not be bondable due to an arrest record.

(b)Notwithstanding s. 111.322 , it is not employment discrimination because of arrest record to refuse to employ or license, or to suspend from employment or licensing, any individual who is subject to a pending criminal charge if the circumstances of the charge substantially relate to the circumstances of the particular job or licensed activity, except as provided in sub.

(a).

(3)Discrimination because of conviction record; exceptions.

(a)Notwithstanding s. 111.322 , it is not employment discrimination because of conviction record to refuse to employ or license, or to bar or terminate from employment or licensing, any individual if any of the following applies to the individual:

1. Subject to sub.

(b)to

(d), the individual has been convicted of any felony, misdemeanor, or other offense the circumstances of which substantially relate to the circumstances of the particular job or licensed activity.

2. The individual is not bondable under a standard fidelity bond or an equivalent bond where such bondability is required by state or federal law, administrative regulation, or established business practice of the employer.

(b)Notwithstanding s. 111.322 , it is not employment discrimination because of conviction record to refuse to employ a person in a business licensed under s. 440.26 or as an employee specified in s. 440.26

(b)if the person has been convicted of a felony and has not been pardoned for that felony.