Arrest records are public documents in Delavan, Wisconsin, accessible to all members of the public under the Wisconsin Public Records Law (Wis. Stat. §§ 19.31-19.39). This statute establishes that records created or maintained by government agencies, including law enforcement entities, shall be available for inspection and copying. The Wisconsin Public Records Law operates under the presumption that government records should be accessible to ensure transparency in governmental operations and to uphold the public's right to information about law enforcement activities. Pursuant to Wis. Stat. § 19.35(1)(a), any requester has the right to inspect any record except as otherwise provided by law. The City of Delavan Police Department maintains these records in accordance with state statutes and makes them available through established protocols.
Multiple methods exist for members of the public to access arrest records in Delavan, Wisconsin. The Wisconsin Department of Justice and local law enforcement agencies have implemented various systems to facilitate public access to these documents:
Delavan Police Department
123 S. Second Street
Delavan, WI 53115
Phone: (262) 728-6311
City of Delavan Police Department
Hours: Monday-Friday, 8:00 AM - 4:30 PM
Walworth County Sheriff's Office
1770 County Road NN
Elkhorn, WI 53121
Phone: (262) 741-4400
Walworth County Sheriff's Office
Hours: Monday-Friday, 8:00 AM - 4:30 PM
Wisconsin Circuit Court Access (CCAP): This online database provides information about court cases, including those resulting from arrests in Delavan. While not a comprehensive arrest record system, it contains valuable information about court proceedings related to arrests.
Written Requests: Pursuant to Wis. Stat. § 19.35(1)(h), requesters may submit written requests for arrest records by mail or email. Requests must reasonably describe the records sought and may be subject to fees for reproduction and staff time.
Arrest records maintained by the Delavan Police Department and other Wisconsin law enforcement agencies typically contain standardized information as required by Wisconsin Administrative Code § DOJ 1.04. These records generally include:
The comprehensiveness of arrest records may vary based on the nature of the offense, the arresting agency's protocols, and the stage of the criminal justice process. Records related to ongoing investigations may have certain information redacted pursuant to Wis. Stat. § 19.36(2).
Wisconsin law provides limited pathways for the expungement of arrest records in Delavan and throughout the state. Expungement refers to the legal process through which arrest records are sealed or removed from public access. The following provisions govern expungement eligibility in Wisconsin:
Statutory Authority: Wisconsin Statute § 973.015 establishes the primary legal framework for expungement in the state. This statute permits expungement only for certain offenses committed by persons under the age of 25.
Eligibility Criteria: Expungement may be granted when:
Procedural Requirements: Petitioners seeking expungement must file a petition with the court that handled the original case. The petition must include:
Limitations: Wisconsin's expungement law is notably restrictive compared to many other states. The decision must be made at the time of sentencing, not after the completion of a sentence. Additionally, expungement applies only to court records, not to law enforcement or Wisconsin Department of Justice records.
Walworth County Circuit Court
1800 County Road NN
Elkhorn, WI 53121
Phone: (262) 741-7012
Walworth County Circuit Court
Hours: Monday-Friday, 8:00 AM - 4:30 PM
Individuals seeking expungement are strongly encouraged to consult with legal counsel, as the process involves complex statutory requirements and judicial discretion. The Wisconsin State Public Defender's Office may provide assistance to eligible individuals.
Wisconsin State Public Defender - Elkhorn Office
15 W. Walworth Street, Suite 1
Elkhorn, WI 53121
Phone: (262) 723-3362
Wisconsin State Public Defender
Hours: Monday-Friday, 8:00 AM - 4:30 PM