Wisconsin Department of Children and Families - Division of Early Care and Education
Bureau of Early Care Regulation
Child Care Background Check Procedures
Some offenses result in a conviction with a stipulation that the record be expunged upon successful completion of the terms of the agreement.
An order of expungement requires all court records relating to the conviction be sealed, destroyed, obliterated, or otherwise removed entirely from view. This pertains only to the records being maintained by the courts and does not overturn the underlying conviction. This section does not require law enforcement agencies or prosecutors to destroy records relating to an expunged conviction, nor does it prohibit courts from considering the facts underlying an expunged conviction in sentencing in another case.
An expungement does not reverse, set aside, or vacate an order of conviction. A person whose records are expunged has not been pardoned for committing the crime. If a person’s conviction of a crime renders that person ineligible for certain licensing or employment, the fact that the records of the conviction have been expunged will not affect the person’s ineligibility.
Because the underlying conviction remains in place, the individual is ineligible.
Note: This only pertains to WI records. Expungements granted in other states should be discussed with supervisors and legal counsel.
If no record of the conviction can be obtained from the DOJ/FBI record or the applicable District Attorney’s Office, the record must be reviewed by a supervisor to determine if there is sufficient evidence to proceed with an ineligibility. Supervisors will review to verify all possible resources have been exhausted to access records, review the nature of the offense, and the age of the offense. Office of legal counsel may also be consulted with to support the final decision.
This page last updated 04/2023.