Wisconsin Public Record Law

Wisconsin Statutes 19.31 to 19.39, known as the Wisconsin Open Records Law, grant residents the right to inspect, search, and copy any material on which information is recorded or preserved, regardless of physical form, belonging to a public agency. Wisconsin public records law ensures transparency and accountability in government operations. Wisconsin Open Records Law operates similarly to the federal Freedom of Information Act (FOIA), regulating the transparency of state government records.

Birth Records
Court Records
Criminal Records
Death Records
Divorce Records
Inmate Records
Marriage Records
Traffic Violation Records

Where Do I Submit a Public Record Request in Wisconsin?

Public records are managed by various state agencies in Wisconsin, each with its own procedure and contact information for submitting public records requests. Therefore, per Wisconsin Statute 19.33(4), each agency may designate a record custodian to receive and respond to public requests. To submit a public records request, identify the relevant agency, visit their websites, and search for the public record custodians' information.

How Do I Request Public Records in Wisconsin?

Here's how you can request public records in Wisconsin.

  • Identify the government agency or department that holds the records.
  • Search their website for the record custodian's information.
  • Submit a written request. Some agencies have specific forms for this purpose. Requests may be submitted by email, mail, fax, or in person.
  • Provide identification. While not generally required, some agencies may ask for identification to verify your identity, especially if the records contain sensitive information.
  • Agencies may charge a fee for the time spent locating and copying the records.

Many public records are also accessible online using various third-party websites. While these platforms offer convenience, they may not always be up-to-date or comprehensive. Official government websites provide the most accurate and reliable information on public records.

What Records are Public in Wisconsin?

Public records in Wisconsin encompass a wide array of documents maintained by government agencies. The most frequently requested types in the state are:

  • Vital Records: Vital records include birth certificates, death certificates, marriage licenses, and divorce decrees. These records are typically open to the record holder, family members, their attorneys, and persons with a verifiable interest.
  • Property Records: Property tax assessment, foreclosure records, deeds, mortgages, zoning, and land use permit records.
  • Judicial/Court Records: The Wisconsin Court system comprises Circuit Courts and Municipal Courts.  Publicly available judicial records include civil court records, criminal court records, limited family court records, and probate records.
  • Law Enforcement Records: Public law enforcement records include arrest records, incident reports, crime statistics, jail records, and sex offender records.
  • Government Financial Records: Budget records, expenditure reports, audit reports, grant records, and contracts and procurement records.

Who Can Request Public Records in Wisconsin?

Wisconsin Open Records Law permits any person to inspect, examine, and obtain copies of public records. The law further defines "persons" as individuals, corporations, partnerships, limited liability companies, firms, associations, unincorporated associations, and nonprofits.

What Is the Response Time for Public Records Requests in Wisconsin?

Wisconsin Open Records Law, specifically Section 19.35(4), mandates that authorities respond to requests as soon as practicable and without delay. Although the law does not state a specific time frame, the Wisconsin Department of Justice suggests that 10 business days is sufficient for record custodians to respond to simple requests for public records. The response time may be longer if the request is complex or voluminous.

What Is the Fee Charged for Providing Copies of Public Records?

Record custodians in Wisconsin may charge a fee for the actual cost of reproducing the records, photographing the record, the staff time searching for the document, and making or shipping the records. Per state law, the fee charged may not exceed $50. Authorities require a prepayment for requests exceeding $5.00.

What Records Are Exempted Under the Wisconsin Public Law?

In Wisconsin, certain public records laws are exempted from disclosure. These exemptions are designed to protect privacy and sensitive information. Section 19.36 of Wisconsin Open Records Law specifies the records excluded from public view. They include:

  • Personal privacy information such as Social Security numbers and confidential personal data
  • Security records
  • Attorney-client privilege communications
  • Trade secrets or confidential business information
  • Confidential financial information, such as credit cards and checking account numbers
  • Records relating to bids and contracts that could undermine the competitive process
  • Identities of applicants for public positions
  • Some law enforcement records, including records relating to ongoing investigations or undercover or informant information
  • Internal personnel information, including employment evaluations and disciplinary actions
  • Medical and mental health records
  • Child welfare records