An Employer’s Guide to Wisconsin Background Checks

Hiring the right people for the job requires many resources. Background checks are one tool that helps employers make educated hiring decisions. These screenings investigate candidates’ relevant history to affirm their qualifications and suitability.

Background checks assist employers in evaluating potential hires by pulling useful information regarding their education, employment, and criminal background. However, before implementing a screening program, employers must understand how background checks work and what laws apply.

This guide covers everything you need to know about Wisconsin background checks: what they entail, how much they cover, how long they take, and what laws influence them.

What Is a Wisconsin Background Check?

A Wisconsin background check is a process used to investigate an individual’s history. Employers use these checks to confirm an applicant or employee’s identity and examine information relevant to a position, including but not limited to criminal, civil, and educational history.

Employers commonly use background checks before onboarding a new employee to make informed hiring decisions. These screenings include several search types that verify the applicant is who they claim to be and evaluate their history. These checks verify a candidate’s qualifications and provide essential information beyond what is shown on an application.

While most background screenings are performed before hiring, employers also use them within their organization, and the extent of the search often depends on the scope of the job. For example, managerial roles require more responsibility than entry-level roles, so managerial candidates are subject to more extensive screenings.

Substantial screenings are also used to fill caring positions, such as EMS personnel, caregivers, and first responders. Positions working with vulnerable populations, such as children and the elderly, must be thoroughly vetted to protect those communities.

A comprehensive screening program promotes a safe workplace, minimizes risk, and upholds the company’s reputation. Wisconsin employers must conduct the appropriate searches for specific roles within their industry to hire the most qualified personnel. Common search types include criminal history, education verification, and Social Security number traces.

What Does a Wisconsin Background Check Show?

Wisconsin background checks reveal information based on the search type conducted. Search types include, but are not limited to, criminal and civil records, employment and education verification, and pre-employment drug screenings.

• Criminal History: Criminal history checks reveal an applicant’s pending criminal cases and convictions, including the offense date, type, and severity. Employers don’t necessarily rule candidates out based on these results, but they can influence decisions.
• Civil Court Check: Civil court checks show an applicant’s lawsuits, foreclosures, restraining orders, and other civil matters. Employers typically use these searches to fill financial and managerial roles.
• Education Verification: Education verification confirms an applicant’s education credentials. Results reveal past schools, including institution names, addresses, contact information, attendance dates, and certificates earned. These checks reveal a candidate’s honesty regarding their education.
• Employment Verification: Employment verification reveals an applicant’s employment history, including past employers’ names, addresses, contact information, employment dates, and positions held. Results reveal if the applicant has omitted employers or had employment gaps.
• Credit Background Check: Credit background checks show an applicant’s credit history, including payment history, accounts in collections, and bankruptcies. Employers often use these searches to fill roles requiring financial responsibility.
• Identity Verification: Identity verification confirms an applicant’s name, address, Social Security number, and birth date. Employers perform these searches to affirm that the applicant is who they claim to be and prevent identity theft. These checks reveal if a stolen identity has been used to apply for the position.
• SSN Trace: A search of a proprietary database containing previous names, addresses, and dates of birth associated with the SSN provided, which are used to develop address history for the candidate and identify potential alias names and DOBs. The SSN Trace is an Identification tool, not a consumer report, and should not be used in the hiring decision. The SSN trace uses non-confidential credit header information, which is captured each time someone uses their Social Security number for various purposes, including loans, mortgages, utilities, credit cards, etc.
• Professional License Verification: Professional license verification shows the issue date, license type, expiration date, and validity of an applicant’s professional license. Employers use these checks to fill roles requiring specific credentials. These checks verify qualifications and curb negligent hiring claims.
• Motor Vehicle Records Check: Motor vehicle records (MVR) checks reveal an applicant’s driver’s license information, traffic violations, and points or suspensions. Employers conduct these checks to fill positions requiring vehicle operation. They verify the applicant’s driving record and ensure they are qualified and insurable.
• Sex Offender Registry Search: Sex offender registry searches reveal if an applicant is a sex offender at the time of the check. These checks show the offender’s aliases, address, conviction state, and identifying features. Employers use these searches to fill positions dealing with vulnerable populations, such as children.
• Pre-Employment Drug Test: Employers use pre-employment drug testing to maintain a safe work environment. They typically administer 5-panel drug tests that detect amphetamines, cocaine, opiates, PCP, and THC in the applicant’s urine. These tests reveal the individual’s recent drug use, not whether they have or will abuse substances.
• Social Media Check: Social media checks investigate an applicant’s behavior outside of the workplace. While not typical of most background checks, employers may use these searches to gain a more relaxed view of applicants.

How Far Back Can a Background Check Go In Wisconsin?

In accordance with the Fair Credit Reporting Act (FCRA), background checks can go seven years into an applicant’s history for civil lawsuits, judgments, liens, collection accounts, and arrests. Bankruptcies cannot be reported after ten years.

The seven-year lookback period only applies to jobs offering less than $75,000 annually. For jobs with a salary greater than that, employers can view records since the applicant turned eighteen. Employment, education, and professional license records can be accessed anytime.

How Long Does a Wisconsin Background Check Take?

The time it takes for a background check to yield results depends on the search type and the extent of the search. For instance, federal criminal history searches may take a day, while an extensive search through state and county levels can take a few days.

Conducting a background check yourself can significantly lengthen the process. While online records can be accessed relatively easily, contacting past employers, sifting through court records, and cross-referencing information can be very time-consuming for your HR team.

Simplify the background check process with a reputable consumer reporting agency. ScoutLogic offers an extensive screening program that yields efficient and accurate results while maintaining compliance.

Employment Verification

Employment verification can take minutes if the applicant’s employment history is available on The Work Number. If not, the process typically takes one to three business days to verify information manually. Delays may occur if past employers are slow to respond, the candidate has an extensive work history, or international employment is involved.

Criminal History Checks

Criminal history check turnaround times depend on the search depth and the jurisdictions involved. Federal-level checks may be done within a day, but many employers include state and county-level searches for a more thorough view of an applicant’s history. These searches may add several days to the process.

The process can be delayed even more if multiple jurisdictions or international searches are involved. The digitization of records and the efficiency of the court also affect turnaround times.

Education Verification

Education verification turnaround times range from a few minutes to a few days. Records stored in the National Student Clearinghouse can be accessed quickly, but those unavailable must be pulled directly from the applicant’s past institutions.

Motor Vehicle Records Check

If the driving records are stored online, MVR checks can be completed within minutes. If they are not digitized, employers must request an MVR check through a government agency. This request can take weeks as it is submitted through mail. The Wisconsin Department of Transportation maintains driving records online. 

Drug Testing

The time it takes to receive drug test results depends on the type of test administered and lab processing times. Rapid tests often provide results in a few hours, but more extensive tests take one to three business days to yield results. A positive result typically requires a second test, elongating the process.

Wisconsin Background Check Laws & Requirements

Employers handle background checks following federal, state, and local laws. Some employers must conduct checks by law, while others do so to promote a safe and efficient workplace. Wisconsin employers must familiarize themselves with the applicable laws and regulations before performing background checks.

Fair Credit Reporting Act

The Fair Credit Reporting Act (FCRA) targets consumer reporting agencies (CRAs) collecting information for employment background checks. Enforced by the Federal Trade Commission (FTC), this federal law protects consumer privacy by limiting the information CRAs can report.

Under the FCRA, CRAs cannot report protected information in background checks for positions offering an annual salary below $75,000. Protected information includes arrests without convictions, civil lawsuits, liens, and judgments older than seven years. CRAs cannot report bankruptcies older than ten years. These restrictions do not apply to positions over $75,000 a year.

CRAs are allowed to collect all other information regarding a potential hire. Wisconsin employers teaming up with third parties to conduct background checks must adhere to FCRA regulations. Before screenings, employers must notify the candidate of their intent to conduct a background check and receive the applicant’s consent.

The FTC also guides employers on handling negative information received on background checks. Employers must complete the adverse actions steps and provide applicants with their FCRA rights before refusing employment based on background check results.

Title VII of the Civil Rights Act of 1964

Title VII prevents discrimination against applicants based on race, color, sex, religion, or national origin. The Equal Employment Opportunity Commission (EEOC) enforces this law and guides employers through handling arrest and conviction information found on background checks.

Per the EEOC’s guidelines, employers must consider criminal records individually and assess how they relate to the job description before refusing to hire based on background check results.

Wisconsin Fair Employment Act

Under the Wisconsin Fair Employment Act (WFEA), employers cannot discriminate against candidates based on sex, color, disability, religion, age, sexual orientation, national origin, or other factors.

2015 Assembly Bill 373

Under 2015 AB 373, public sector employers cannot request criminal history information on an application. Instead, they must wait until the interview stage before inquiring about these records.

Wisconsin Statute § 111.335

Under Wis. Stat. § 111.335, employers cannot discriminate against applicants based on criminal records. They cannot use arrests without convictions to make hiring decisions. They must conduct an individualized assessment of the reported information as it relates to the job role before refusing employment.

Wisconsin Statute § 50.065

Under Wis. Stat. § 50.065, employers must perform background checks on caregivers before hiring and every four years after. For caregivers who lived outside of Wisconsin in the previous three years, employers must make a good-faith attempt to check out-of-state criminal records.

Wisconsin Statute § 995.55

Under Wis. Stat. § 995.55, employers cannot ask applicants or employees for their social media passwords, open their social media accounts in their presence, or request to be added as friends on their pages. Employers cannot discriminate against candidates for refusing to share this information.

Wisconsin Statute § 973.015

Under Wis. Stat. § 973.015, criminal records may be expunged if they meet the following requirements:

• The individual was under 25 when they committed the offense.
• The offense has a maximum penalty of six or fewer years of imprisonment.
• The individual will benefit from having their record expunged.
• The expungement won’t harm society.
• The individual successfully completed their sentence.

Employers who come across sealed or expunged records are advised not to consider them when hiring.

Background Checks Improve Hiring, Ensure Compliance, and Reduce Risk

Background checks are crucial to onboarding the right talent, but can be tedious. Screening candidates can be challenging, with knowing which searches to conduct, how to perform them, and what laws to look out for. Partnering with a reputable background check company can yield top-quality results while adhering to applicable laws and regulations.

ScoutLogic can streamline the screening process by providing quick and up-to-date results. Our background check services check every box, providing all the necessary information to hire qualified personnel and maintain compliance. Learn about our background check services and contact us today.

David Garcia

David Garcia, co-founder and CEO of Scout Logic, is an industry leader in the bulk background check world. With his strategic acumen and expertise in the HR sphere, specifically in hiring, recruiting, legal compliance, background checks, and resume screening, he’s an invaluable asset and consultant.

David's counsel extends across the boards of ScoutLogic, YipitData, and Supplier.io, drawing from his impactful stints on the boards of Infutor and Avetta. With an extensive 25-year journey, he champions unparalleled B2B commercial leadership within data & analytics, significantly shaping the HR landscape.