Arrest records are public in New Berlin, 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, are accessible to the public for inspection and copying. The law operates under the principle that transparency in governmental affairs is essential to a functioning democracy and that citizens have the right to the greatest possible information regarding the affairs of government.
The Wisconsin Public Records Law specifically states that "all persons are entitled to the greatest possible information regarding the affairs of government and the official acts of those officers and employees who represent them." Under this statute, the New Berlin Police Department and other law enforcement agencies within the jurisdiction are required to maintain and provide access to arrest records, subject to specific statutory exemptions.
Exemptions to public disclosure may apply in cases involving:
Members of the public seeking arrest records must submit their requests to the appropriate custodian of records, typically the New Berlin Police Department or the Waukesha County Sheriff's Office, depending on the arresting agency.
The New Berlin Police Department maintains comprehensive arrest records that are available to the public through multiple channels. In 2025, individuals seeking arrest record information may utilize the following methods:
In-Person Requests: Citizens may visit the New Berlin Police Department Records Division during regular business hours to submit requests for arrest records.
New Berlin Police Department
16300 W. National Avenue
New Berlin, WI 53151
Phone: (262) 782-6640
New Berlin Police Department Official Website
Hours: Monday-Friday, 8:00 AM - 4:30 PM
Online Requests: The New Berlin Police Department Records Request portal allows for electronic submission of record requests. Users must create an account, provide the required information, and pay applicable fees through the secure payment system.
Mail Requests: Written requests may be submitted via postal mail to the Records Division at the address listed above. Requests must include:
Wisconsin Circuit Court Access Program (CCAP): For cases that have proceeded to court, arrest information may be available through the Wisconsin Circuit Court Access website, which provides public access to court records.
Pursuant to Wis. Stat. § 19.35(3), fees may be charged for searching, copying, and certifying records. As of 2025, the New Berlin Police Department charges $0.25 per page for photocopies and $5.00 for certified copies of records. Additional fees may apply for extensive searches requiring more than 30 minutes of staff time.
Arrest records maintained by the New Berlin Police Department contain standardized information as required by Wisconsin state law and departmental policies. These records typically include:
Biographical Information: Full legal name, aliases, date of birth, gender, race, height, weight, eye and hair color, and residential address of the arrested individual.
Arrest Details: Date, time, and location of the arrest; name and badge number of the arresting officer(s); agency case number; and circumstances leading to the arrest.
Criminal Charges: Specific violations of Wisconsin state statutes or New Berlin municipal ordinances for which the individual was arrested, including citation numbers and statutory references.
Booking Information: Booking photographs (mugshots), fingerprints, personal property inventory, and detention facility assignment.
Procedural Documentation: Miranda rights acknowledgment, medical screening results, bail or bond information, and court appearance dates.
Disposition Information: Outcome of the arrest, including whether charges were filed, dismissed, or resulted in conviction.
It should be noted that pursuant to Wis. Stat. § 165.83, certain identifying information such as Social Security numbers, driver's license numbers, and medical information may be redacted from public copies of arrest records to protect individual privacy and prevent identity theft.
The New Berlin Police Department maintains these records in both physical and digital formats, with records dating back to 1958 available through archival retrieval processes that may require additional processing time.
Wisconsin law provides mechanisms for the expungement of certain arrest records under specific circumstances. Expungement refers to the legal process by which arrest records are sealed or removed from public access, though they may still be accessible to law enforcement agencies.
Pursuant to Wis. Stat. § 973.015, expungement may be available for:
Misdemeanor Convictions: Individuals who committed offenses before the age of 25 may be eligible for expungement if the maximum period of imprisonment for the offense is 6 years or less.
Dismissed Charges: When charges are dismissed or the individual is acquitted, the court may order expungement of the arrest record.
Non-Conviction Records: Arrests that did not result in charges being filed may be eligible for expungement after a waiting period.
The expungement process in New Berlin requires filing a petition with the Waukesha County Circuit Court. Petitioners must:
Waukesha County Circuit Court
515 W. Moreland Boulevard
Waukesha, WI 53188
Phone: (262) 548-7484
Waukesha County Circuit Court Website
It is important to note that expungement in Wisconsin does not completely destroy records but rather seals them from public view. Law enforcement agencies, certain government entities, and some employers with statutory authorization may still access expunged records.
Additionally, under Wis. Stat. § 165.84(1), individuals may request the return of fingerprint records if they were arrested but not charged with a crime, or if they were found not guilty of all charges.
The New Berlin Municipal Court handles only non-criminal ordinance violations and does not have jurisdiction over expungement of criminal arrest records, which must be processed through the Waukesha County Circuit Court.