Arrest records are public in Weston, Wisconsin, pursuant to the Wisconsin 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 law operates under the principle that transparency in governmental affairs is essential to a functioning democracy. Members of the public may access these records to monitor law enforcement activities, ensure judicial accountability, and verify the proper administration of justice within their community.
The Wisconsin Supreme Court has consistently upheld the public's right to access arrest records, noting in Newspapers, Inc. v. Breier that such access serves as a check on governmental power. The Mountain Bay Metropolitan Police Department, which serves Weston, maintains these records in accordance with state retention schedules and makes them available through established procedures detailed in municipal ordinances.
The Village of Weston provides multiple channels through which residents and interested parties may obtain arrest records. Each method varies in processing time, associated fees, and comprehensiveness of information provided:
Online Portal Access: The Mountain Bay Metro Police Department maintains a digital records system where certain arrest information can be accessed remotely. Users must register an account and may be required to pay nominal processing fees for document retrieval.
In-Person Requests: Individuals may submit requests directly at the Mountain Bay Metropolitan Police Department headquarters. Staff will assist with locating and providing copies of available records during regular business hours.
Written Requests: Standard mail or email requests are accepted when submitted with proper identification and specific information about the desired records. Pursuant to Wis. Stat. § 19.35(1)(i), agencies must respond to such requests "as soon as practicable and without delay."
Rothschild Area Municipal Court: Court records related to arrests within Weston jurisdiction can be requested through the Municipal Court clerk's office.
Mountain Bay Metropolitan Police Department
5303 Mesker Street
Weston, WI 54476
Phone: 715-359-3333
Official Website
Hours: Monday-Friday, 8:00 AM - 4:30 PM
Rothschild Area Municipal Court
211 Grand Avenue
Rothschild, WI 54474
Phone: 715-298-3215
Official Website
Hours: Monday-Friday, 8:00 AM - 4:30 PM
Arrest records maintained by Weston law enforcement agencies typically contain standardized information as required by Wisconsin Administrative Code § DOJ 1.04. These records serve as official documentation of an individual's interaction with law enforcement and generally include:
The Mountain Bay Metropolitan Police Department maintains these records in both physical and digital formats, with retention periods determined by the Wisconsin Public Records Board's schedules. Certain sensitive information may be redacted from public copies pursuant to Wis. Stat. § 19.36, including but not limited to juvenile information, ongoing investigation details, and confidential informant identities.
While Wisconsin law generally favors public access to government records, certain statutory exemptions limit the disclosure of specific arrest information. The following restrictions apply to arrest records in Weston:
Juvenile Records: Pursuant to Wis. Stat. § 938.396, records pertaining to individuals under 17 years of age are generally confidential and not available for public inspection except under limited circumstances.
Expunged Records: Records that have been legally expunged by court order under Wis. Stat. § 973.015 are removed from public access and treated as if the arrest never occurred.
Ongoing Investigations: Information that would compromise active law enforcement investigations may be temporarily withheld under Wis. Stat. § 19.36(4).
Privacy Concerns: Certain personal identifiers such as Social Security numbers, driver's license numbers, and financial account information are redacted before public disclosure per Wis. Stat. § 19.36(10).
Domestic Abuse Victims: Information that would reveal the location of domestic abuse victims receives special protection under Wis. Stat. § 165.68.
The Rothschild Area Municipal Court and Mountain Bay Metropolitan Police Department are required to balance these privacy protections against the public's right to information. Requestors denied access to records may appeal such decisions through procedures outlined in Wis. Stat. § 19.37.
Wisconsin law provides a limited pathway for the expungement of certain arrest records through Wis. Stat. § 973.015. Eligibility criteria for expungement in Weston include:
The expungement process requires filing a petition with the court that handled the original case. Upon approval, the court issues an order directing all state and local agencies to seal the records from public view. Following expungement, the individual may legally state on employment applications and other documents that the arrest and conviction never occurred.
The Mountain Bay Metropolitan Police Department and the Rothschild Area Municipal Court comply with expungement orders by removing applicable records from public access systems and restricting their availability to authorized personnel only. However, it should be noted that expunged records may still be accessible to law enforcement agencies for legitimate investigative purposes and may be considered in subsequent criminal proceedings.
Individuals seeking expungement should be aware that the process does not remove records from private background check companies that may have previously obtained the information. Additionally, federal agencies are not bound by state expungement orders.
Employers, landlords, and other entities in Weston frequently utilize arrest records as part of background screening processes. The following regulations govern such usage:
Wisconsin Fair Employment Act: Under Wis. Stat. § 111.335, employers may not discriminate against applicants based on arrest records unless the charges are pending or the circumstances of the offense substantially relate to the particular job.
Consumer Reporting Regulations: Background check companies operating in Wisconsin must comply with both the federal Fair Credit Reporting Act and Wisconsin's consumer reporting laws when reporting arrest information.
Housing Discrimination: Landlords must ensure that any denial of housing based on arrest records complies with fair housing laws and does not create a disparate impact on protected classes.
Accuracy Requirements: Organizations utilizing arrest records for decision-making purposes must ensure the information is accurate, complete, and up-to-date.
The Village of Weston recommends that individuals regularly review their own arrest records for accuracy and pursue correction procedures if errors are identified. Pursuant to Wis. Stat. § 19.70, individuals have the right to challenge and correct inaccurate information in government records.