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Is Wisconsin a Public Records State?

Yes, Wisconsin is a public records state. According to the Wisconsin Open Records Law, most records generated by government agencies are considered public and accessible to interested individuals. Anyone seeking these records may submit an official request to the record custodian at the respective government agency after fulfilling specific request requirements. Examples of accessible Wisconsin public records include inmate records, bankruptcy records, and court records. Additionally, Wisconsin divorce records and sex offender information are considered public. Individuals needing any publicly accessible record can conduct a public data search.

The Open Records Law defines public records as any material containing information created or kept by a public authority, regardless of its characteristics or physical form. Public records encompass handwritten or typewritten documents, photographs, recordings, charts, tapes, and data stored on electronic devices.

Wisconsin law mandates that all interested individuals are entitled to the "greatest possible" amount of information regarding government affairs and the official acts of government employees and officers. The law also stipulates that each agency must consider it an essential function to provide interested requesters with public information (Wis. Stat. § 19.31). Based on the Public Records Act, "members of the public have a right to survey and make a copy of records accessible to the public under Wisconsin’s Public Records Law," Wis. Stats §§ 19.31-19.39 DOA Open Records Requests. While some records can be obtained through a free public data search, certain records may require a fee.

What is Public Information in Wisconsin?

Public information in Wisconsin encompasses a broad array of records generated by government agencies. These records include, but are not limited to, arrest records, court records, vital records, and other documents maintained by public authorities. The Wisconsin Open Records Law ensures that most government-generated information is accessible to the public, provided it is not classified as confidential by constitutional, statutory, or court law.

Public records in Wisconsin cover various formats, including handwritten or typewritten documents, photographs, recordings, charts, tapes, and data stored on electronic devices. The law emphasizes that all interested individuals are entitled to the maximum amount of information regarding government affairs and the official acts of government employees and officers.

How Do I Look Up Public Records in Wisconsin?

The Wisconsin Open Records Law guarantees that requesters can inspect or obtain copies of non-confidential public records. Interested individuals must contact the public agencies that create or maintain these records. Agencies usually offer various request methods, specific application requirements, and submission options. Below are steps to follow when conducting a public records search in Wisconsin:

  • Figure out the desired record type: Wisconsin public records cover a wide range of options. Several agencies maintain different types of records based on their statutory functions. Interested individuals must first determine the required type of information to ensure the record is open to public disclosure.

  • Identify the custodian agency: Determining the type of record helps the requester find the relevant custodian agency. Public entities such as sheriff’s offices maintain records like arrest records and incident reports. Similarly, individuals seeking Wisconsin death records must contact the Register of Deeds Office in the relevant county or the Wisconsin Vital Records Office.

  • Create a request: A request must reasonably describe the desired record. According to Wis. Stat. § 19.35(1)(h), any request not limited to a specific subject matter and length of time is insufficient. Wisconsin does not require requests to be written. However, in the event of a denial, no one can begin an action to enforce an oral request.

  • Submit the request: Requesters may submit requests that properly identify desired records. Public agencies typically offer in-person, fax, mail, phone, and online options. Requests may also incur varying fees, depending on the submission method, type of record, and record volume.

Other specifics may apply. For instance, mail requests usually require self-addressed and stamped envelopes. Online requests may require credit or debit cards and sometimes incur additional transaction or processing fees. Certified records may cost more than plain copies and may be unavailable to phone, fax, and online requesters.

Utilizing Third-Party Resources for Wisconsin Public Records Obtaining

City Records

Public city records may also be accessible from third-party websites. These non-government platforms come with intuitive tools that allow for expansive searches. Record seekers may either opt to use these tools to search for a specific record or multiple records. However, users will need to provide enough information to assist with the search, such as:

  • The name of the subject involved in the record (subject must be older than 18 or not juvenile)
  • The address of the requestor
  • A case number or file number (if known)
  • The location of the document or person involved
  • The last known or current address of the registrant

Third-party sites are not sponsored by government agencies. Because of this, record availability and results may vary.

Public Records

Public records can also be accessed from third-party websites. These third-party public records aggregate websites offer search services that are non-geographically limited, making the search result expansive and typically straightforward. However, users will need to provide enough information to assist with the search, such as:

  • The name of the subject involved in the record as long as the subject is not a juvenile
  • The last known location of the record subject

Third-party public records search websites are not government-sponsored services. Therefore, the availability and accuracy of results can vary.

How To Look Up Public Records in Wisconsin for Free?

The Wisconsin Open Records Law does not provide for inspection fees. Consequently, individuals looking up public records for free can ask the custodian agency to permit an inspection. Other options, including requesting physical copies, may incur copy or search fees. Records accessible by the public can also be requested from the county clerk’s office or the county recorder’s office.

Another option is to visit an online database. Depending on the type of information sought, individuals can conduct a free public record search on a selected person. Some agencies maintain internet registries for access to free public records generated or maintained by Wisconsin agencies. An example is the searchable database compiled by the Wisconsin Department of Corrections, containing information on registered sex offenders in the state. Interested persons can also conduct a Waukesha County public records search for non-confidential county court records.

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