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Tomah Arrest Records

Are Arrest Records Public in Tomah, Wisconsin?

Arrest records are public in Tomah, Wisconsin, pursuant to the Wisconsin Public Records Law (Wis. Stat. §§ 19.31-19.39). This legislation establishes that records produced or maintained by government entities shall be accessible to the public, with limited exceptions as defined by statute. Arrest records fall under this provision as they are official documentation created by law enforcement agencies during the course of their duties. The public nature of these records serves to maintain transparency in governmental operations and accountability in the criminal justice system.

The Wisconsin Supreme Court has consistently upheld the public's right to access such records, noting that open access to governmental records is essential to effective democracy. Members of the public seeking arrest records in Tomah may obtain them through established procedures, subject to reasonable fees for reproduction costs as permitted under Wis. Stat. § 19.35(3).

How to Look Up Tomah Arrest Records in 2025

Multiple methods exist for accessing arrest records in Tomah, Wisconsin. Individuals seeking such information may utilize any of the following official channels:

Submit an open records request form to the Tomah Police Department, either electronically or in person
Visit the Tomah Police Department during regular business hours to request records in person
Contact the Monroe County Circuit Court for cases that have proceeded to court proceedings
Access the Wisconsin Circuit Court Access Program (CCAP) for public court records related to arrests
Request records from the Monroe County Sheriff's Office for arrests made by county deputies within Tomah city limits

Tomah Police Department
805 Superior Avenue
Tomah, WI 54660
Phone: (608) 374-7400
Official Website

Monroe County Circuit Court
112 South Court Street
Sparta, WI 54656
Phone: (608) 269-8745
Official Website

Pursuant to Wis. Stat. § 19.35(1), requestors are not required to identify themselves or state the purpose of their request when seeking public records. However, certain identifying information about arrested individuals may be redacted in accordance with privacy provisions under Wis. Stat. § 19.36.

Contents of a Tomah Arrest Record

Arrest records maintained by the Tomah Police Department typically contain comprehensive information about the arrest incident and the individual taken into custody. Standard elements included in these records are as follows:

Full legal name of the arrested individual and any known aliases
Date of birth and demographic information (age, gender, race)
Physical description including height, weight, identifying marks or tattoos
Residential address at time of arrest
Date, time, and location of the arrest
Specific statutory violations and charges filed
Booking photographs (commonly known as "mugshots")
Fingerprint records collected during processing
Name and badge number of the arresting officer(s)
Incident report detailing the circumstances of the arrest
Property inventory of items in possession at time of booking
Initial appearance information and bail determination

The Wisconsin Department of Justice maintains standards for arrest record documentation through Administrative Code § JUS 9, which establishes uniform reporting requirements for all law enforcement agencies in the state. These standards ensure consistency in record-keeping practices across jurisdictions.

Legal Framework for Public Access to Arrest Records

The Wisconsin Public Records Law establishes the foundation for access to arrest records in Tomah. Under Wis. Stat. § 19.31, the legislature has declared that providing citizens with the greatest possible information about governmental affairs is an essential function of representative government. This statutory framework creates a presumption of complete public access to governmental records, including arrest documentation.

Key provisions affecting arrest record access include:

Records custodians must respond to requests "as soon as practicable and without delay" per Wis. Stat. § 19.35(4)
Fees for records may be charged only for the "actual, necessary and direct cost" of reproduction and location if exceeding $50, as specified in Wis. Stat. § 19.35(3)
Certain information may be redacted to protect privacy interests, including confidential informant identities, ongoing investigation details, and juvenile information
The Tomah Police Department must maintain records for a minimum period as established by the Public Records Board retention schedules

The Tomah Municipal Court handles ordinance violations and maintains separate records for municipal citations that may result from arrests within city limits.

Tomah Municipal Court
819 Superior Avenue (Second Floor)
Tomah, WI 54660
Phone: (608) 374-7425
Official Website

Limitations on Arrest Record Access

While arrest records are generally public, certain statutory and policy limitations restrict access in specific circumstances. The following exceptions may apply to records requests in Tomah:

Juvenile arrest records are confidential under Wis. Stat. § 938.396, with limited exceptions for victims and certain agencies
Records pertaining to ongoing investigations may be temporarily withheld if disclosure would compromise law enforcement efforts
Information that would endanger public safety or reveal confidential informants may be redacted
Records related to domestic violence victims may have address information redacted pursuant to Wis. Stat. § 19.36(5)
Health information protected under HIPAA may be removed from public versions of arrest records
Records that have been expunged by court order are no longer accessible to the public

The Tomah Police Department, as records custodian, must balance the presumption of openness with these statutory protections when responding to records requests. When denial of access occurs, the department must cite specific statutory authority for withholding information as required by Wis. Stat. § 19.35(4)(b).

Expungement of Arrest Records in Tomah

Under Wisconsin law, certain individuals may petition for expungement of arrest records under specific circumstances. The process is governed by Wis. Stat. § 973.015, which provides eligibility criteria and procedural requirements. Expungement in Tomah follows these state guidelines:

Eligibility is generally limited to misdemeanors and certain non-violent felonies committed by individuals under 25 years of age
The court must have ordered expungement at the time of sentencing
The individual must have successfully completed their sentence, including any probationary period
Expungement applies only to court records; certain law enforcement and prosecution records may remain
The petition must be filed with the court that handled the original case

The expungement process requires filing appropriate documentation with the Monroe County Circuit Court. Upon approval, court records are sealed from public view, though they remain accessible to law enforcement agencies. The Tomah Municipal Code contains additional provisions regarding local ordinance violations that may be eligible for expungement under municipal authority.

Individuals seeking expungement should be aware that the process does not remove all traces of an arrest, particularly information that may have been disseminated to third-party databases prior to expungement. Additionally, certain professional licensing boards and government agencies may retain access to expunged records for specific regulatory purposes.