Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Background Check Procedures
A DOJ criminal record that indicates “not guilty,” “no prosecution,” “dropped,” "deferred prosecution," or “dismissed” means that the person was not convicted of the crime for which they were charged. In some counties, a conviction may be dismissed after the person completes the First Offender Program. These charges will continue to show up on the DOJ search because charges that have been reported to and are on file at the DOJ CIB cannot be expunged (except for “no prosecution”) from the DOJ database, even if they are expunged from the Clerk of Courts office.
The offenses enumerated in the background check law that may result in a bar or ineligible determination apply only to pending charges or convictions of serious offenses or convictions of non-serious offenses that are determined to be substantially related. Charges of a serious offense or a non-serious offense with a disposition of not guilty, not prosecuted, dropped, deferred prosecution, or dismissed cannot be used to deny or revoke a license, employment or household member residency, or to make a determination of substantial relationship. (See Section 5.5 regarding pending charges of non-serious offenses.)
This page last updated 04/2021.