Wisconsin
Wisconsin
Final grade: C
Exclusion Grade
D
Relevance Grade
B
Due Process Grade
C
Strengths
- Boards must evaluate multiple mitigating factors (including evidence of rehabilitation) when considering licensing applications.
- Enacted a predetermination petition process for applicants.
Areas of Improvement
- Ban agencies from using vague standards like “good moral character.”
- Extend state’s protections to all licenses and all crimes.
Thanks to a 2018 reform, Wisconsin improved its legal protections for people with criminal records, earning a C for its final grade. But several loopholes still remain.
Unlike nearly all other states, Wisconsin’s substantially related test does not apply to violent crimes. This allows boards to deny applicants even if their criminal record is completely unrelated to the license sought and if they have evidence demonstrating their rehabilitation. In addition, licenses for education and private security are exempt from Wisconsin’s main law. As a result, anyone convicted of a felony is automatically barred from becoming a licensed private detective and security guard.
Statute: Wis. Stat. 111.335 (2020)
Exclusion
Overarching ban on blanket bans | Yes, but excludes education and security licenses |
Ban on considering arrest records | Yes |
Ban on considering post-conviction relief records | No |
Time limit | No limit |
Ban on vague, discretionary character standards | No |
Relevance
Relationship between the crime and the license sought | "Substantially related," but excludes violent crimes |
Required factors for consideration | |
Rehabilitation | Yes |
Time elapsed since crime was committed | Yes |
Age when crime was committed | Yes |
Employment History | No |
Testimonials | Yes |
Due Process
Petition Process | Yes |
Burden of Proof | Both unspecified |
Right to appeal | No |
Written notice requirement | Yes |