Background Check Error Lawsuits in Wisconsin

Wisconsin treats arrest and conviction records as protected categories under its employment discrimination law, and that law covers private employers. Under the Wisconsin Fair Employment Act, Wis. Stat. 111.321, employers may not discriminate based on arrest record or conviction record. Under Wis. Stat. 111.335, an employer generally may not ask about arrests, except pending charges. It may act on a pending charge or a conviction only if the circumstances are substantially related to the job. There are exceptions for bondability and some specific jobs. Complaints go to the state Equal Rights Division.

For state jobs, Wis. Stat. 230.16(1)(ap) adds a ban-the-box rule. The state generally may not ask about or consider an applicant's conviction record until the applicant has been certified for the position. Wisconsin does not have a state tenant screening statute that limits what screening reports can include. Renters rely mainly on the federal FCRA.

Wisconsin's expungement law is narrow. Under Wis. Stat. 973.015, a judge may order expungement only at sentencing, only for someone under 25 at the time of the offense, and only for crimes with a maximum prison term of six years or less. The record is expunged once the sentence is completed. Because few records qualify, accuracy matters. A background check that shows an expunged case, lists a dismissed charge as a conviction, or mixes in another person's record may violate the FCRA. These claims can be filed in the Eastern District (Milwaukee, Green Bay) or the Western District (Madison).

Where Wisconsin FCRA cases are filed

FCRA claims are federal, so they go to a United States District Court. Cases from Wisconsin are heard in 2 federal districts:

Eastern District of WisconsinCourthouses: Milwaukee, Green Bay.Filed with local or cooperating counsel
Western District of WisconsinCourthouses: Madison.Filed with local or cooperating counsel

Our attorneys are licensed in Texas, California, and Georgia. Where they aren't admitted in your local federal court, we work with local or cooperating counsel who are. You may also be able to sue where the company that reported you is based, in a court where our attorneys are admitted:

Checkr: HQ in N.D. California
First Advantage and Sterling: HQ in N.D. Georgia
RealPage: HQ in N.D. Texas

Which court is right depends on your facts. We'll tell you at your free case review.

Wisconsin laws that add to the FCRA

Arrest and Conviction Record Discrimination (Wis. Stat. 111.321)
Bars employers, employment agencies and licensing agencies from discriminating based on arrest record or conviction record, subject to the exceptions in Wis. Stat. 111.335. Read it
Arrest and Conviction Record Exceptions (Wis. Stat. 111.335)
Generally bars employers from asking about arrest records other than pending charges. Lets employers act on a pending charge or conviction only if it is substantially related to the job, with limited exceptions such as bondability. Read it
State Civil Service Conviction Record Inquiries (Wis. Stat. 230.16(1)(ap))
Generally bars the state from asking about or considering an applicant's conviction record until the applicant is certified for the position. It applies to state civil service jobs, not private employers. Read it
Expungement (Wis. Stat. 973.015)
Lets a judge order at sentencing that a record be expunged after the sentence is completed, for people under 25 at the time of the offense and crimes with a maximum prison term of six years or less. Some felonies are excluded. Read it

Common background check errors

Someone else's criminal or eviction record matched to you by name
Dismissed, sealed or expunged cases still reported
Charges reported as convictions, or misdemeanors as felonies
The same case listed several times
Eviction filings reported without the dismissal or outcome

Learn how these cases work on our background check lawsuits page, or read our lawsuit guides for Checkr, Sterling, HireRight, First Advantage, RealPage, SafeRent, RentGrow and TransUnion Rental Screening.

Frequently asked questions

Can a Wisconsin employer refuse to hire me because of a conviction?

Only if the circumstances of the conviction are substantially related to the job, or another exception in Wis. Stat. 111.335 applies. Discrimination based on conviction record is otherwise barred under the Wisconsin Fair Employment Act, and you can file a complaint with the Equal Rights Division.

Can a Wisconsin employer ask about my arrests?

Generally no. Wis. Stat. 111.335 bars employers from asking about arrest records, except for pending charges and certain bondability situations. If a background check report includes an arrest that did not lead to a conviction, the federal FCRA also limits reporting it after seven years for most jobs.

Can a background check show a Wisconsin case that was expunged?

An expunged case should not appear on a current background check. If a screening company reports it, you can dispute it with a copy of the court's record, and the report may be inaccurate under the FCRA.

How long do I have to file an FCRA lawsuit in Wisconsin?

FCRA deadlines are the same everywhere: generally two years from when you discover the violation, and no more than five years from when it happened (15 U.S.C. § 1681p). Waiting can cost you the claim.

Sources

Updated November 2026. This page is general information, not legal advice.