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  1. Waukesha County Court
  2. Waukesha County Arrest Records

Waukesha County, Wisconsin Arrest Records

Waukesha County arrest records are the official records generated when local law enforcement arrests an individual and detains them at the local jail. These are administrative entries in the local database indicating that an arrest was made and containing details such as the name of the arrested person, the charges against them, booking information, the arresting agency, and bail/bond information.

Arrest records are not proof of guilt and exist independently of whether the arrestee is formally charged or is eventually convicted of a crime. In Waukesha County, these records are generated and maintained by the Waukesha County Sheriff’s Office and municipal police departments, such as the Waukesha City Police Department and the New Berlin Police Department.

In Wisconsin, access to arrest records and other government information is controlled by the Wis. Stat. §§ 19.31–19.39, known as the Wisconsin Public Records Act. These statutes state that arrest records are open to the public to promote accountability and show transparency in how government agencies, including law enforcement, conduct their business.

A separate set of statutes controls the gathering and accessibility of state criminal history data in Wisconsin. The Wisconsin Department of Justice is authorized under Wis. Stat. § 165.83 – 165.87 to create and maintain a central repository for criminal history information and fingerprint records, and control access to these records, distinguishing between law enforcement access and public record requests.

Are Arrest Records Public Information in Waukesha, Wisconsin?

Wisconsin’s Public Records Law, Wis. Stat. §§ 19.31–19.39, follows a strong open records framework. Under the law, arrest records are typically considered public records as they are generated and maintained by government law enforcement agencies. Aspects of the law also grant the public access to view and copy government records and allow the agency to exempt or remove certain information from public access. In practice, when dealing with public records, law enforcement agencies attempt to balance public interest in disclosure of records against interest in non-disclosure of confidential records and privacy concerns.

What Do Public County Arrest Records Contain?

Generally, public-facing arrest records for Waukesha County in Wisconsin typically contain the basic identifying, procedural, and incident-level details documented by the arresting agency during the arrest and booking process. 

Common elements that are part of Wisconsin arrest records may include the following.

  • Full name and any known aliases of the arrestee
  • Date of birth and other identifiers, such as ethnicity, age, gender, and physical description
  • Date, location, and time of the arrest
  • Alleged offenses and charges filed at the time of the arrest
  • The arresting agency/officers
  • Biometrics, such as mugshots and fingerprints
  • Booking information
  • Custody status
  • Court details

Although the public record law strongly favours public access to arrest records, not all information in the record is accessible. Law enforcement is allowed to redact or completely exempt certain records from disclosure when they conflict with public safety concerns and privacy interests.

Information may be withheld or removed for various reasons, including the following:

  • Records concerning juvenile or unidentified minors involved in cases
  • The record contains sensitive personal information, such as medical or mental health records
  • To comply with witness and victim protection laws
  • To protect ongoing investigations 
  • Records have been sealed or expunged under Wisconsin law

Waukesha County,  Wisconsin Arrest Search

State-level searches for Waukesha County arrest records are available through federal records databases and state-maintained criminal record repositories.

The Wisconsin Department of Justice maintains the state’s criminal record repository, which also contains arrest record information submitted by Waukesha County. Access to this record is available online via the Wisconsin Online Record Check System (WORCS). The system allows users to request name-based and fingerprint-based criminal history searches online.

Although not an arrest database, the state judiciary database, Wisconsin Circuit Court Access, allows users to look up cases filed after an arrest. These records may be helpful to confirm arrests, filed charges, and case outcomes.

Arrest records for federal cases may only be available when the arrest resulted in a federal criminal case. In such cases, the case files, including arrest information, may be available through the  Public Access to Court Electronic Records (PACER) system, which serves as a repository for federal case files.

Arrest information for individuals who ended up in federal prison after their arrest and court case may also be available from the Inmate Locator provided online by the Federal Bureau of Prisons.

Waukesha County Inmate Locator

The Waukesha County Sheriff’s Office, Jail Division, operates two correctional facilities for

the county, the Waukesha County Jail, and the Waukesha County Huber Facility. Record seekers can make inmate inquiries by calling the sheriff’s office or the facilities using their respective numbers. The sheriff’s office also provides an online Current Inmate List that shows an inmate's full name and current jail housing location. For more comprehensive inquiries, record seekers may reach the Sheriff’s office and its departments using the following contact details.

Waukesha County Sheriff’s Office

515 W Moreland Blvd, 

Waukesha, WI 53188

Main Phone: (262) 548-7122

County Jail: (262) 548-7170

Huber Facility: (262) 548-7181

Active Warrant Search in Waukesha County

Arrest warrants for Waukesha County are court-issued orders instructing law enforcement agents to take specific individuals into custody and bring them before a judge. Warrants are usually issued by judges or court commissioners of the county circuit courts after being shown probable cause based on sworn statements from law enforcement agents or the local prosecutor’s office. A valid warrant in Waukesha County contains the name of the subject, their identifiers, the alleged offenses, the details of the issuing court, instructions to law enforcement, and the judge’s signature and authorization.

Waukesha County arrest warrants are executed by local law enforcement, like the Waukesha County Sheriff and municipal police departments. The sheriff’s office is also responsible for managing and maintaining warrants, though it doesn't keep a comprehensive online warrant database. 

How to Find Arrest Records for Free in Waukesha County

Waukesha County Sheriff’s Office provides a free online Current Inmate List on their website, where visitors can look up basic inmate information. The list is updated hourly and shows information such as the full names of inmates and their current custody location. Inmate information may also be obtained by calling the sheriff’s office or their jail locations directly.

Although ID is not typically required when requesting this record, requesters will need to provide information to assist with the record search, such as a name, date of birth, or inmate number.

It should be noted that confidential or restricted information is unlikely to be found on free sites, and free websites like the current inmate list are updated regularly and will not have access to older records and inmate information.

Waukesha County Arrest Report

When people discuss records provided by law enforcement, arrest reports and arrest records may be used interchangeably. However, these are two separate records which differ in contents, function, and in some cases accessibility, particularly to the general public.

An arrest report is usually a narrative report of the arrest, usually in writing and prepared by the arresting officers; it may be part of the wider police incident report covering the entire investigation. The local arresting agency, like the Waukesha Sheriff, maintains this record, and it would contain a detailed description of events surrounding the arrest, including the officer's notes, action report, witness testimony, evidence, probable cause, and a general timeline of the events that led to the arrest.

An arrest record, on the other hand, is a summarized entry created when law enforcement puts a suspect through the booking process. It is an administrative record that is maintained in law enforcement databases by the arresting agency, jail system, and the courts. Arrest records typically contain basic details of the arrest, including the name and identifying data of the suspect, time and date of arrest, arresting agency/officer, booking details, charges filed, and bond information.

How to Get an Arrest Record Expunged in Waukesha County

There are two methods to remove arrest records from an individual’s personal record and law enforcement databases in Waukesha County under Wisconsin law.

  • Under Wis. Stat. § 165.84(1), arrest records from cases that were not charged or did not result in a conviction may be removed.
  • Under Wis. Stat. § 973.015, the sealing of records for convictions that qualify is ordered on completion of all aspects of the sentence.

When their arrest did not lead to a conviction, the applicant may request that the entire record, including fingerprints and mugshots, be removed from all Wisconsin law enforcement databases. Under Wis. Stat. § 165.84(1), they can fill out the Record Return Request Form DJ-LE-250B and submit it with their ID and all the arrest record information, including case number, arrest report, and proof of no charges or case dismissal. In the form, applicants must indicate the Waukesha County law enforcement agency and court that handled the case. If the application is successful, the State Criminal Information Bureau deletes the arrest record from the database and returns or destroys any biometrics, like fingerprint cards.

If the case ended with an adjudication program or conviction, there is a limited chance for expungement under Wis. Stat. § 973.015. To be eligible for expungement, the case must meet the following criteria.

  • The judge must specifically instruct that the record be expunged during sentencing.
  • The conviction must be for a low-level felony or a misdemeanor.
  • The applicant must have been under 25 years of age when they were sentenced.
  • All conditions of the sentence must have been completed before applying, including prison time, adjudication programs, probation, and any fines/restitution.

If the judge did not order the expungement at sentencing, the offender will not be permitted to petition for it after their sentence. The court will also consider whether the expungement would be in the public interest even if the applicant meets all criteria.

The following steps may be taken to expunge records in Waukesha County, Wisconsin.

  • Review the court records and sentencing order to ensure the judge ordered the expungement.
  • Ensure that all conditions of the sentence are completed and obtain the documentation to verify this.
  • File the expungement petition with all required forms and supporting documents with the Waukesha County Court Clerk. It is recommended to contact the clerk’s office in advance for information about the process, particularly the required documentation.
  • The application will be reviewed, and the court may set a hearing date to confirm details of the application and grant the sealing order.
  • When the application is granted, the judge will sign the order and direct the court clerk to seal the records and have them removed from public access.

Expungement in Wisconsin has very limited powers; a successful petition only completely seals court records. Law enforcement agencies and the Wisconsin Department of Justice database may still have access to these records and provide them during certain processes, such as an employment background check.

How Do You Remove Waukesha County Arrest Records From the Internet?

Removing Waukesha County arrest records from the internet may take two stages. First off, officially remove the records from government sources such as the Department of Justice and the courts. Secondly, contact the source directly and request removal of the online record, such as third-party record websites or News media outlets.

  • When the arrest did not end in a conviction, request removal under Wisconsin law, or request sealing if the case ended in a conviction. Make sure there is complete documentation showing that the record is no longer public information.
  • When a third-party website has republished this record, visit the website and use their provided opt-out or record removal option. You are required to submit documentation showing the sealing of the record, and make sure they are available.
  • For news articles or reports, contact the news agency and request removal of the article. Provide all the official proof of expungement or sealing to back up the request. News outlets may not completely remove the article, but may edit or update the information to show the records have been sealed or expunged.

When attempting to remove records online, consider that any sites may take days or weeks to remove them and charge the requested administrative fees.