Understanding the Consequences of a Criminal Conviction in Wisconsin
Protecting Your Rights, Your Record, and Your Future
Introduction
When facing criminal charges in Wisconsin, the immediate concern is often the verdict and the sentence. But what many people don’t realize is that a conviction follows you far beyond the courtroom. From employment and housing to higher education and professional licensing, a criminal record can quietly shape nearly every opportunity that comes next. At Gerard Law Firm, we help clients not only fight their charges but also understand and mitigate the long-term consequences that flow from a conviction.
Employment and Professional Licensure
Under Wisconsin’s Fair Employment Act (WFEA), employers generally may not discriminate based on a conviction record. However, Wis. Stat. § 111.335 allows an employer or licensing board to consider a conviction if it is substantially related to the circumstances of the job. That “substantial relationship” test is often the battleground. Courts require a factual showing that the nature of the offense closely mirrors the duties or environment of the position. A theft conviction, for example, might disqualify an applicant for a cash-handling role but not for outdoor labor.
Professionals in regulated industries — healthcare, real estate, security, or education — should expect additional scrutiny from state licensing boards. Early strategic advocacy and evidence of rehabilitation can often make the difference.
Housing and Rental Applications
Wisconsin’s Open Housing Law (Wis. Stat. § 106.50) protects against discrimination based on race, sex, or other listed traits — but criminal history itself is not protected. Landlords may lawfully review convictions, but blanket bans can run afoul of federal Fair Housing guidance, especially if they rely only on arrest records or disproportionately impact certain groups. Tenants should know their rights: landlords must disclose screening practices and provide a copy of any background report used in denying an application.
Education and Financial Aid
A conviction can affect access to college programs and professional placements. The University of Wisconsin System conducts background checks for certain roles and clinical programs. The good news: as of 2021, federal student-aid eligibility is no longer automatically suspended for drug convictions. However, incarceration or registration as a sex offender can still limit eligibility and campus access.
Record Relief: Expungement and Pardons
Expungement (Wis. Stat. § 973.015)
Wisconsin’s expungement statute allows certain convictions to be removed from public record — but only if:
The offense was committed before age 25;
The court ordered expungement at sentencing;
The individual successfully completed the sentence.
Failing to request expungement at sentencing can permanently forfeit that opportunity, making early advocacy essential.
Gubernatorial Pardons
Under Article V, § 6 of the Wisconsin Constitution, the Governor may grant a pardon that restores civil rights and removes some barriers to employment and licensure. Although a pardon does not erase a conviction, it can significantly improve background-check outcomes.
Know Your Rights During Police Encounters
Temporary Stops and Questioning
Under Wis. Stat. § 968.24, officers may briefly detain and question a person only with reasonable suspicion that the person has committed or is about to commit a crime. If the officer reasonably fears for safety, a limited frisk for weapons is allowed under § 968.25.
Your right: You may ask, “Am I free to leave?” If the answer is yes, calmly walk away. Never resist physically or argue roadside — those disputes belong in court.
Miranda Rights
Miranda warnings apply when you are in custody and under interrogation. Both the U.S. Constitution and Wis. Const. art. I, § 8 guarantee the right to remain silent and to have an attorney present. To invoke these rights clearly, say: “I am invoking my right to remain silent. I want a lawyer.” Once invoked, officers must stop questioning you.
Search and Seizure Protections
Wisconsin law sets strict rules for searches: search warrants require probable cause (§ 968.12); officers must knock and announce unless a valid no-knock exception applies (§ 968.14); and warrants expire after five days if unexecuted (§ 968.15). Without a warrant, you may refuse consent. If you consent, you can limit or withdraw it at any time.
Practical Guidance: What To Do
Traffic Stop
Provide license and insurance. Stay calm, hands visible. Decline searches politely. Ask if you are free to go.
Street Encounter
Ask if you’re being detained. If not, walk away.
Police Interrogation
Politely state you want a lawyer and will not answer questions.
Home Search
Ask to see a warrant; read its scope. Do not consent or interfere. Document everything.
Moving Forward After a Conviction
• Strategize early — plea negotiations can consider future licensing and employment.
• Secure expungement at sentencing when eligible.
• Apply for a pardon when rehabilitation and time have been demonstrated.
• Monitor online court records (CCAP) for accuracy and sealing eligibility.
A Second Chance Starts with Knowledge
At Gerard Law Firm, we believe a mistake should not define a lifetime. We work relentlessly to defend the accused, protect constitutional rights, and fight to minimize collateral consequences through strategic advocacy and post-conviction relief.
If you or someone you love is facing charges or dealing with the impact of a past conviction, contact us for a confidential consultation.
