Federal Law (FCRA)
The Fair Credit Reporting Act (FCRA) establishes the federal minimum requirements for employment background checks, including disclosure and authorization requirements, consumer rights, and the adverse action process. Many states impose additional requirements that employers must also follow.
Read FCRA Overview →Wisconsin: Key Requirements
Scroll to view all requirements below.
Ban the Box / Fair Chance Hiring
Wisconsin has no ban the box law, but the Fair Employment Act goes further by making arrest record and conviction record protected classes. An employer generally may not ask for arrest information (except a pending charge) or refuse to hire over an arrest that did not lead to conviction, and may consider a conviction only where its circumstances substantially relate to the job. These protections cover hiring, firing, and terms of employment.
*Because criminal history is a protected class rather than a timing rule, employers may ask about convictions at any stage but may act only under the substantial relationship test.
Criminal Record Lookback Period
Wisconsin has no state law limiting how far back a criminal background check can go. Employers must follow the federal FCRA baseline.
Reporting Restrictions
Wisconsin has not adopted a mini FCRA or other comprehensive state consumer reporting law. Employers must follow the federal FCRA baseline.
Expunged / Sealed Records
Wisconsin allows expungement of certain records, but its process is narrow. Expungement is generally available only for offenses committed before the person turned 25, carrying a maximum penalty of 6 years or less, and the decision to expunge must be made by the court at the time of sentencing. Once a record is expunged, it is removed from the court's public case record. Wisconsin's expungement is more limited than in most states, so many convictions remain visible and may be considered under the substantial relationship test.
Salary History Ban
Wisconsin does not have a salary history ban. Employers may ask applicants about their previous pay.
Credit Report Restrictions
Wisconsin does not restrict an employer's use of consumer credit reports in hiring decisions.
Bankruptcies
Wisconsin has no state law limiting the reporting of bankruptcies. Employers must follow the federal FCRA baseline.
Civil Judgments & Lawsuits
Wisconsin has no state law limiting the reporting of civil judgments or lawsuits. Employers must follow the federal FCRA baseline.
Tax Liens & Collections
Wisconsin has no state law limiting the reporting of paid tax liens or collection accounts. Employers must follow the federal FCRA baseline.
Marijuana / Drug Testing Protections
Marijuana is fully illegal in Wisconsin, for both recreational and medical use, with only a narrow exception for non-psychoactive CBD. Because marijuana is not a lawful product in the state, Wisconsin's off-duty lawful products protection does not cover it, and employers may test for marijuana and take action on a positive result. Wisconsin does protect the off-duty use of genuinely lawful products, such as tobacco, so an employer generally may not refuse to hire or discipline a person for using a lawful product away from work during nonworking hours, unless the use impairs job performance, creates a conflict of interest, or conflicts with a genuine occupational requirement.
Pre-Adverse Action Notice & Waiting Period
Wisconsin has no state law setting a specific waiting period before taking adverse action. Employers must follow the federal FCRA baseline.
Adverse Action Notice Requirements
Wisconsin has no state law adding to the federal adverse action notice process. Employers must follow the federal FCRA baseline.
Authorization Requirements
Wisconsin has no state law governing background check authorization. Employers must follow the federal FCRA baseline.
Individualized Assessment
Wisconsin requires an individualized analysis through its substantial relationship test. An employer may refuse to hire based on a conviction only where the circumstances of the offense substantially relate to the circumstances of the particular job. Courts look to whether the job offers temptations or opportunities for the same kind of criminal activity, considering factors such as the character traits revealed by the offense rather than the specific details of the crime. A blanket policy of rejecting all applicants with any conviction does not satisfy this standard.
Protected Class Status
Wisconsin is one of the few states to make arrest record and conviction record protected classes under its Fair Employment Act, alongside characteristics such as race, sex, and age. This means criminal history discrimination is enforced the same way as other employment discrimination, through a complaint to the Equal Rights Division of the Department of Workforce Development, rather than through a standalone background check statute. The protection reaches employers, labor organizations, employment agencies, and licensing agencies.
Unless otherwise noted, the information on this page applies to private sector employment. Government employers and certain regulated industries may be subject to additional or different requirements.
Local Ordinances That May Apply
Click a jurisdiction below to view full details.
No Local Ordinances
Wisconsin has no local ordinances regulating criminal history inquiries by private employers. Madison's Equal Opportunities Ordinance, § 39.03 was repealed in December 2024.
This list reflects known local ordinances at the time of publication and may not be exhaustive. Employers should confirm requirements for every city or county where they hire.
What This Means for Employers
Wisconsin regulates several parts of the hiring process, especially criminal history and off-duty conduct. To stay compliant:
Do not ask applicants to disclose arrest records, other than a pending charge. Do not refuse to hire based on an arrest that did not result in a conviction. Consider a conviction only where its circumstances substantially relate to the specific job, and document that analysis rather than applying a blanket exclusion. Do not discipline or refuse to hire based on off-duty use of a lawful product, such as tobacco, absent job impairment or a genuine conflict. Follow the FCRA adverse action process: pre-adverse notice with a copy of the report and a summary of rights, a reasonable chance to respond, then a final notice.Non-compliance can result in civil penalties, damages, and legal liability under both state and local law.
Download the Wisconsin Quick Reference Guide
Get a printable, one-page comparison of FCRA vs. Wisconsin law.