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Criminal History Record ChallengeRequesting your record by mail Mistaken identity or false match Missing or incorrect disposition information Submitting a criminal history challenge Criminal record information obtained from other sources Because name-based checks are quicker, cheaper, and easier than fingerprint-based searches most background checks required in Wisconsin are name-based. In many instances they are the only type of checks available to employers, landlords, and other individuals requesting a background check. As name check use non-unique identifiers such as name and date of birth, they are less reliable than fingerprint-based checks. It is possible for multiple persons to share a name and date of birth. Therefore in some cases a name-based check will pull up a criminal record that does not belong to the subject of the search. If you believe this has happened it is very important to get a copy of your record to make sure that the information is correct. If you have undergone a background check by an agency that has received a criminal record from the Crime Information Bureau, you may ask them to provide you with a copy of the record. If your record cannot be obtained in that manner, you may request your record by mail or on the internet. The Wisconsin Department of Justice maintains a website that allows adult criminal history records to be obtained online. Persons requesting criminal history records online must either have an account or submit the request with payment via Master Card or Visa. The fee for a criminal history record search is $13 online. The fee is for the search and is charged whether or not a record is found based on the data submitted. The response is returned online normally in a matter of seconds. The website is http://wi-recordcheck.org Requesting your record by mail Complete for DJ-LE-250 and mail to the Crime Information Bureau along with a check for $18. You should include a self-addressed stamped envelope for the response. You should have a response in seven to ten days. Again the fee is for the search and is charged whether or not a record is found. Send the completed DJ-LE-250, payment and return envelope to: Record Check Unit PO Box 2688 Madison WI 53701-2688 Mistaken identity or false match If someone uses your name or lists it as an alias when arrested, that name will be entered in the Wisconsin criminal history database. If a background check is done on your name all names, including aliases are searched it will pull up all of the convictions that belong to the person who used your name. It will look like that person’s criminal record is your criminal record. This may be inadvertent or you may have been a victim of identity theft. You may have the same name as a person who has a criminal record. The search algorithm uses name, sex, year of birth and common variations. That means that if you were born the same year as a person who has your name and is of the same sex as you are, that person’s criminal record may show up when your name is searched. If a name-based search produces a record that does not belong to you, you will need challenge the results of the search. This will include submission of the Wisconsin Criminal History Challenge form (DJ-LE-247) and a fingerprint card. There is no fee for a record challenge. The submission of a challenge does not routine include the return of a background check and cannot be used to get a free background check. All arrest information in the state criminal history database is supported by fingerprints. The Crime Information Bureau will compare your fingerprints with the fingerprints of the person who gave your name. If the fingerprints are not the same, you will get a clearance letter. You can use this letter to prove to prospective employers that the criminal record that shows up under your name does not belong to you. The Crime Information Bureau will not remove the convictions belonging to someone else from under your name. Information submitted to the state repository is the property of the submitting entity and cannot be changed without their permission. You would have to request the submitting agency remove the information and have that agency notify the Crime Information Bureau to make the change. Both your name-based and fingerprint-based records can contain errors. Sometimes the record will list your convictions inaccurately. In order to correct such mistakes, you should get a certified copy of the judgment of sentence in your case. You can get this from the court where you were convicted. Send the judgment to the Crime Information Bureau along for DJ-LE-247 explaining why you think your record is incorrect. If the documentation submitted supports your request the record will be changed. Sometimes the record will contain expunged, dismissed, or not prosecuted charges. Dismissed charges or charges not prosecuted will appear on your criminal record unless you request their removal. In order to have them removed from your record, you will need submit form DJ-LE-250B (Fingerprint Removal Request). Individual charges cannot be removed from a criminal history record, only entire arrest events. All charges on an arrest fingerprint card must be eligible for removal in order for your request to be processed. Custody transactions, such as warrants, probation violations, extradition proceedings, cannot be removed. Each criminal history record cycle may contain several sections, arrest, prosecutor and court. The charges issued by the district attorney may not be the same as the original arrest charges reported by the arresting agency. This does not qualify as an error, it simply means the prosecutor chose to file charges different than those reported at time of arrest. Likewise the court disposition may involve charges other than those in either the arrest or prosecutor segments. Missing or incorrect disposition information If you believe that a case is open on your record that should be closed, please submit the Judgment of Conviction or Order for Dismissal issued by the court. You may also submit a letter from the prosecutor indicating the case was not prosecuted. These documents must be obtained from the court having jurisdiction or the office prosecuting the offense. If you believe that a disposition is incorrect, contact the court having jurisdiction to obtain a Judgment of Conviction or Order for Dismissal to submit with your request. Many courts have their case information available online at http://wcca.wicourts.gov. State law does not permit the removal of arrest or disposition information but notations are added to the disposition information for the following:
Submitting a criminal history challenge To submit a request for a fingerprint-based police certificate you must submit form DJ-LE-247 along with an applicant fingerprint card. The preferable applicant card is the blue FBI applicant card FD-258. The Reason Fingerprinted field on the applicant fingerprint card must also indicate Criminal Record Challenge. Requests without fingerprint card or fingerprint card with illegible fingerprints will be returned. Fingerprint cards without a minimum amount of personal identification information will also be returned. Minimum data includes full name, sex, race, date of birth, reason fingerprinted and information regarding the official capturing the fingerprints. The blue FBI applicant fingerprint card FD-258 is available at most law enforcement agencies or may be requested from DOJ. The card should be completed as in the sample. Personal information on the fingerprint card should be completed prior to fingerprints being placed on the card or in the presence of the official capturing the fingerprint impressions. Any FD-258 fingerprint card is suitable for use for a police certificate, regardless of any information or agency identifiers in the ORI field. This field is disregarded when the card is processed at DOJ. Many law enforcement agencies will assist in rolling fingerprints for applicant purposes. Check with your local law enforcement agency to see if they have the applicant fingerprint card FD-258 and will aid in completing the fingerprint card. There may be a fee involved depending on each agency's policy. You will be required to produce a government-issued photo identification to prove you are the same person identified by the information on the fingerprint card. The completed fingerprint cards along with the DJ-LE-247 should be mailed to the address on the form. The fingerprint cards are eight inches square and should not be folded. Mail in an envelope of sufficient size to eliminate any need to fold the fingerprint card. Folding of the fingerprint card may adversely effect the fingerprint images and make them illegible. Illegible fingerprints cannot be processed and will be returned to the requestor. Note: As part of the identity
confirmation process, your fingerprints will be compared with other fingerprints
on file at CIB. If fingerprint
comparison confirms that you are the subject of a criminal history record or
unsolved crime, information provided by you, including name and date of birth,
may be added to the corresponding criminal history record and/or shared with
other criminal justice agencies. Criminal record information obtained from other sources Some criminal history information may be obtained from other sources, such as courts or corrections. In some circumstances if false matches are made based on name searches of these data sources the Crime Information Bureau may be able to assist in verifying you are not the subject of information returned. First the subject of the data provided has a criminal history record with the Crime Information Bureau. Second there must be sufficient data in the records to allow identifying the state criminal history record with the court or corrections record. If those conditions are met your fingerprints can be compared to those on file for the subject of the data returned. This comparison will not change the data in the records returned to the requestor, only indicate you are not the subject of the data that was supplied. If those conditions are not met you must work with the source of the record to attempt to resolve the situation. For any questions regarding police certificates, contact Kevin Sime, Supervisor, Record Check Unit at simeka@doj.state.wi.us or (608) 266-9398. |
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