Wisconsin Department of Children and Families - Division of Early Care and Education

Bureau of Early Care Regulation

Child Care Background Check Procedures

 

 

4.3 Department of Justice Records Search

The primary source for obtaining criminal history information is the Wisconsin Department of Justice (DOJ), Crime Information Bureau (CIB). The CIB is Wisconsin’s statewide database that holds the state’s central, criminal fingerprint repository. Beginning in 1971, Wisconsin law enforcement agencies were required to submit arrest fingerprint cards. Arrests without supporting fingerprints are not included in the criminal history database. For this reason, arrests may occasionally show up in circuit court records and not on DOJ records.

The computerized criminal history database contains detailed information regarding arrests, arrest charges, prosecutions, court findings and sentences, and state correctional system admissions and releases. The database is an accumulation of information submitted by Wisconsin law enforcement agencies, prosecutors, circuit courts and the Wisconsin Department of Corrections. An extraordinary effort is invested to make sure that all information about a single person goes into a single record.

A request to DOJ for a criminal history record search matches against the adult criminal database and, when the background check is being performed on persons in a child care facility, also against the juvenile criminal record database. The DOJ system results will indicate “No record” for a juvenile unless the juvenile has been adjudicated of a serious crime or charged as an adult with a serious crime. For example, a juvenile with an adjudication of delinquency for a misdemeanor battery would result in “No record” on the DOJ results.

DOJ results are called name-based because the information pulled is only based on the individuals last name, first initial, known aliases, social security number, and birthdate. For example, Exact Date of Birth, exact Last Name, exact First Initial OR Exact Social Security Number, exact Last Name, exact First Initial. Using only the first initial may lead to false positive records being accessed which must be reviewed and resolved by CBU staff. Name-based DOJ results are available for viewing immediately unless the name entered is so common that manual intervention is required. In that case, the response is generally received within 24 hours. The DOJ returns the form electronically through the electronic interface with WISCCRS. The results may return with a designation of “No record found” or with an attachment that provides information about hits found. The results are also available online in DCF’s DOJ account for up to six (6) months after the date received. The results of the name-based check are retained in WISCCRS, even when they indicate, “No record found.”

The DOJ search also initiates a search of the Integrated Background Information System (IBIS). Unlike the DOJ criminal history record search, the IBIS search reveals non-criminal history, including current or past regulatory actions and the credentialed or non-credentialed employment status of the subject of the search. Using only the DOJ criteria may lead to false positive records being accessed which must be reviewed and resolved by CBU staff.

 

4.3 Department of Justice Records Search

4.3.1 Levels of Criminal History Record Information

4.3.2 Disposition Not Noted

4.3.3 Background Check Request Form Reveals a Charge or Conviction Not Listed on DOJ Results

4.3.4 Dismissed Charges

4.3.5 Expunged Records and Pardons

4.3.6 Non-Criminal Charges

4.3.6.1 Ordinance Violations

4.3.6.2 Fraudulent Offenses

 

This page last updated 04/2021.