Arrest records are public documents in Onalaska, Wisconsin, pursuant to Wisconsin's Public Records Law (Wis. Stat. §§ 19.31-19.39). This legislation establishes the presumption that all government records, including arrest records, shall be accessible to the public unless specifically exempted by statute. The Wisconsin Supreme Court has consistently upheld that public records laws serve the vital function of providing citizens with information about government operations and ensuring accountability of public officials and agencies.
Members of the public may access these records through designated governmental agencies, subject to certain procedural requirements and limited exceptions. The Wisconsin Department of Justice has issued guidance stating that arrest records maintained by law enforcement agencies constitute public records that must generally be disclosed upon proper request, though certain information may be redacted to protect ongoing investigations or privacy interests as provided by statute.
The City of Onalaska provides multiple methods for obtaining arrest records in accordance with Wisconsin's Public Records Law. Individuals seeking such information must follow established procedures to ensure proper processing of their requests:
In-Person Requests: Citizens may obtain arrest records by visiting the Onalaska Police Department located at 415 Main Street, Onalaska, WI 54650. The Records Division is open Monday through Friday, 8:00 AM to 5:00 PM, excluding holidays. Requestors must complete a public records request form and may be required to present valid identification.
Written Requests: Public records requests may be submitted via mail to: Records Division, Onalaska Police Department, 415 Main Street, Onalaska, WI 54650. Written requests must include the requestor's name, contact information, and specific details about the records being sought.
Online Submission: The Onalaska Police Department offers an electronic records request system through the official city website. This system allows for submission of requests 24 hours a day, though processing occurs only during regular business hours.
Telephone Inquiries: Preliminary information about the records request process may be obtained by calling the Records Division at (608) 781-9550. However, formal requests cannot be processed solely by telephone.
Pursuant to Wis. Stat. § 19.35(4), the custodian of records must respond to requests "as soon as practicable and without delay." Fees for copies of records are established by municipal ordinance and may include actual, necessary, and direct costs of reproduction, location (if exceeding $50), and mailing or shipping.
Arrest records maintained by the Onalaska Police Department typically contain comprehensive information about individuals taken into custody. These documents are created pursuant to Wis. Stat. § 165.83, which mandates the collection and maintenance of criminal history information. Standard arrest records include:
The Wisconsin Criminal Justice Information Services (CJS) standards govern the format and content of these records. Certain information may be redacted from public copies in accordance with Wis. Stat. § 19.36, particularly when disclosure would compromise an ongoing investigation, reveal the identity of confidential informants, or infringe upon privacy rights protected by state or federal law.
Wisconsin law provides limited mechanisms for the expungement of arrest records under specific circumstances. The process is governed primarily by Wis. Stat. § 973.015 and related provisions. Expungement in Onalaska follows these statutory guidelines:
Eligibility criteria for expungement include:
The expungement process requires:
The Coulee Region Joint Municipal Court is located at 415 Main Street, Onalaska, WI 54650, and can be reached at (608) 781-9530 for information regarding municipal violation expungements.
It is important to note that expungement in Wisconsin does not completely destroy records but rather seals them from public view. Law enforcement agencies and the courts retain access to expunged records. Additionally, certain offenses, including those involving sexual assault, drunk driving, and serious violent crimes, are statutorily ineligible for expungement regardless of the offender's age.
While Wisconsin's Public Records Law establishes a presumption of accessibility, several statutory and common law exceptions limit public access to certain arrest information. The Onalaska Police Department adheres to these restrictions when processing records requests:
The Onalaska Municipal Court follows specific procedures regarding the confidentiality of certain court records, particularly those involving juvenile offenders. These procedures are designed to balance the public's right to information with the protection of individual privacy and the integrity of the justice system.
Wisconsin law permits the use of arrest records for certain background check purposes, subject to important limitations. Employers, landlords, and other entities in Onalaska must comply with both state and federal regulations when utilizing arrest information:
The City of Onalaska recommends that entities seeking to conduct background checks using arrest records consult with legal counsel to ensure compliance with applicable laws. Improper use of arrest information may result in civil liability under various state and federal statutes.