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Wisconsin background check laws for employers
Wisconsin has no ban-the-box timing rule for private employers, but its Fair Employment Act treats arrest and conviction records as protected traits for employers with even one employee. Employers generally may not ask about arrests (other than pending charges) and may reject someone for a conviction only if it substantially relates to the job. Caregiver employers must run state background checks.
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Fair-chance hiring (criminal history)
- No Wisconsin law sets when a private employer may ask about convictions or requires fair-chance notices, but the Fair Employment Act bars discrimination based on arrest or conviction record (Wis. Stat. 111.321).
- The Act covers any employer with at least one employee (Wis. Stat. 111.32).
- An employer may refuse to hire someone because of a conviction only if the circumstances of the offense substantially relate to the circumstances of the job, or the person cannot get a required fidelity bond (Wis. Stat. 111.335(3)(a)).
- An employer may refuse to hire someone with a pending criminal charge only if the charge substantially relates to the job (Wis. Stat. 111.335(2)(b)).
- The state's ban-the-box rule applies only to the state civil service, where conviction questions wait until the applicant is certified for the job (Wis. Stat. 230.16(1)(ap)).
City and county rules
- Madison: city contractors and recipients of city financial help must remove arrest and conviction questions from applications and may not ask or run a background check until after a conditional offer (Madison Gen. Ord. 39.08(3)(b)).
- Madison: the city's equal opportunity ordinance bars employers from asking applicants for credit history or arrest records (other than pending charges), with narrow exceptions (Madison Gen. Ord. 39.03(8)(f)1.).
State consumer report rules
- No Wisconsin law was found that adds disclosure, consent, or copy-of-report steps for employment background checks beyond the federal FCRA.
How far back a report can go
- No Wisconsin limit was found on how many years back a background report may go for convictions.
- Employers may not ask applicants, on a form or otherwise, about arrest records except pending charges, unless the job requires a fidelity bond the arrest could block (Wis. Stat. 111.335(2)(a)).
- Arrest record covers being questioned, detained, arrested, charged, or tried, and conviction record includes juvenile delinquency findings (Wis. Stat. 111.32).
Credit checks
- No Wisconsin state law was found that limits employer use of credit reports beyond the federal FCRA; Madison has a local rule (see local).
Also good to know
- Entities that employ caregivers, such as nursing homes and home health agencies, must get a Department of Justice criminal history search and check state abuse and credential registries for each caregiver (Wis. Stat. 50.065(2)(b)).
Common questions
Can Wisconsin employers run a background check?
Wisconsin has no ban-the-box timing rule for private employers, but its Fair Employment Act treats arrest and conviction records as protected traits for employers with even one employee. Employers generally may not ask about arrests (other than pending charges) and may reject someone for a conviction only if it substantially relates to the job. Caregiver employers must run state background checks.
Does Wisconsin have a ban-the-box law for private employers?
No Wisconsin law sets when a private employer may ask about convictions or requires fair-chance notices, but the Fair Employment Act bars discrimination based on arrest or conviction record (Wis. Stat. 111.321).
How far back does a background check go in Wisconsin?
No Wisconsin limit was found on how many years back a background report may go for convictions.
Can Wisconsin employers run credit checks on applicants?
No Wisconsin state law was found that limits employer use of credit reports beyond the federal FCRA; Madison has a local rule (see local).
Some rules for Wisconsin weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- Wis. Stat. 111.335 arrest or conviction record (Justia, 2025)
- Wis. Stat. 111.32 definitions (Justia, 2025)
- Wis. Stat. 111.321 prohibited bases (Justia, 2025)
- Wis. Stat. 230.16 civil service applications (Justia, 2025)
- Wis. Stat. 50.065 caregiver background checks (Justia, 2025)
- Madison Gen. Ord. 39.03 and 39.08 (Municode)
This page summarizes state law in plain words, with links to the law itself. It is not legal advice, and laws change: check the linked source, and talk to a lawyer about your own policy. Federal DOT testing rules are separate and override state limits for DOT-covered jobs. Checked October 2026.