111.335 Arrest or conviction record; exceptions and special cases.

1,551 words·~7 min read·/wi/chapter-111/111-335-3

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.

(c)Notwithstanding s. 111.322 , it is not employment discrimination because of conviction record to refuse to employ as an installer of burglar alarms a person who has been convicted of a felony and has not been pardoned for that felony.

(d)Notwithstanding s. 111.322 , it is not employment discrimination because of conviction record to refuse to employ in a position in the classified service a person who has been convicted under 50 USC 3811 for refusing to register with the selective service system and who has not been pardoned.

(e)Notwithstanding s. 111.322 , it is not employment discrimination because of conviction record for an educational agency to refuse to employ or to terminate from employment an individual who has been convicted of a felony and who has not been pardoned for that felony.

(f)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 licensure, any individual who has been convicted of any offense under s. 440.52

(c).

(4)Discrimination in licensing.

(a)It is employment discrimination because of arrest record for a licensing agency to refuse to license any individual under sub.

(b)or to suspend an individual from licensing under sub.

(b)solely because the individual is subject to a pending criminal charge, unless the circumstances of the charge substantially relate to the circumstances of the particular licensed activity and the charge is for any of the following:

1. An exempt offense.

2. A violent crime against a child.

(b)It is employment discrimination because of conviction record for a licensing agency to refuse to license any individual under sub.

(a)1. or to bar or terminate an individual from licensing under sub.

(a)1. because the individual was adjudicated delinquent under ch. 938 for an offense other than an exempt offense.

1. If a licensing agency refuses to license an individual under sub.

(a)1. or bars or terminates an individual from licensing under sub.

(a)1. , the licensing agency shall, subject to subd. 2. , do all of the following:

a. State in writing its reasons for doing so, including a statement of how the circumstances of the offense relate to the particular licensed activity.

b. Allow the individual to show evidence of rehabilitation and fitness to engage in the licensed activity under par.

(d). If the individual shows competent evidence of sufficient rehabilitation and fitness to perform the licensed activity under par.

(d), the licensing agency may not refuse to license the individual or bar or terminate the individual from licensing based on that conviction.

2. The requirements under subd. 1. a. and b. do not apply if a conviction is for an exempt offense.

1. Competent evidence of sufficient rehabilitation and fitness to perform the licensed activity under par.

a. The individual’s most recent certified copy of a federal department of defense form DD-214 showing the person’s honorable discharge, or separation under honorable conditions, from the U.S. armed forces for military service rendered following conviction for any offense that would otherwise disqualify the individual from the license sought, except that the discharge form is not competent evidence of sufficient rehabilitation and fitness to perform the licensed activity if the individual was convicted of any misdemeanor or felony subsequent to the date of the honorable discharge or separation from military service.

b. A copy of the local, state, or federal release document; and either a copy of the relevant department of corrections document showing completion of probation, extended supervision, or parole; or other evidence that at least one year has elapsed since release from any local, state, or federal correctional institution without subsequent conviction of a crime along with evidence showing compliance with all terms and conditions of probation, extended supervision, or parole.

2. In addition to the documentary evidence that may be provided under subd. 1. to show sufficient rehabilitation and fitness to perform the licensed activity under par.

a. Evidence of the nature and seriousness of any offense of which he or she was convicted.

b. Evidence of all circumstances relative to the offense, including mitigating circumstances or social conditions surrounding the commission of the offense.

c. The age of the individual at the time the offense was committed.

d. The length of time that has elapsed since the offense was committed.

e. Letters of reference by persons who have been in contact with the individual since the applicant’s release from any local, state, or federal correctional institution.

f. All other relevant evidence of rehabilitation and present fitness presented.

(e)A state licensing agency that may refuse to license individuals under sub.

(a)1. or that may bar or terminate an individual from licensure under sub.

(a)1. shall publish on the agency’s Internet site a document indicating the offenses or kinds of offenses that may result in such a refusal, bar, or termination.