Arrest records in Waupaca County, Wisconsin are public documents pursuant to Wisconsin Public Records Law (Wis. Stat. §§ 19.31-19.39). This statute establishes the presumption that government records, including arrest records, shall be accessible to the public unless specifically exempted by law. 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.
The Waupaca County Sheriff's Department maintains these records as part of their statutory obligation. Arrest records typically contain information about individuals who have been taken into custody by law enforcement agencies operating within Waupaca County jurisdiction. These records document the arrest process, including the identity of the arrestee, the alleged offense, and other pertinent details related to the incident.
Members of the public should note that while arrest records are generally accessible, certain information may be redacted to protect privacy interests as provided under Wis. Stat. § 19.36. Additionally, records pertaining to ongoing investigations may have limited availability until the investigation concludes.
Waupaca County provides digital access to certain arrest records through several online platforms. The Waupaca County Sheriff's Department maintains an online database that includes current inmate information and recent arrest data. This digital accessibility aligns with Wisconsin's commitment to government transparency as outlined in Wis. Stat. § 19.31, which states that providing citizens with information on the affairs of government is "an essential function of a representative government."
The Wisconsin Court System also offers an online case search function where members of the public may access court records related to arrests in Waupaca County. This system, known as CCAP (Consolidated Court Automation Programs), provides information on criminal cases that have been filed with the court following an arrest.
Digital access to these records is subject to the same statutory limitations that apply to physical records. Pursuant to Wis. Stat. § 19.36(8), certain information may be withheld if disclosure would endanger public safety or compromise an ongoing investigation. Users of these online systems should be aware that the information provided is for informational purposes and does not constitute an official court record.
The Waupaca County Records Division serves as the primary custodian of arrest records within the county. Members of the public seeking arrest information have several methods available to them:
In-Person Requests: Individuals may visit the Waupaca County Sheriff's Department Records Division located at 1402 East Royalton Street, Waupaca, WI 54981. Office hours are Monday through Friday, 8:00 AM to 4:00 PM. Staff can assist with locating specific arrest records upon proper identification and completion of a records request form.
Written Requests: Written requests may be submitted to the Records Division by mail. Requests must include the full name of the subject, date of birth (if known), approximate date of arrest, and the requestor's contact information. Mail requests to: Waupaca County Sheriff's Department, Records Division, 1402 East Royalton Street, Waupaca, WI 54981.
Electronic Requests: The Records Division accepts email requests at sheriffrecords@co.waupaca.wi.us. Electronic requests should contain the same information as written requests.
Online Database Access: The current inmate list is updated regularly and accessible through the Sheriff's Department website. This resource provides information on individuals currently in custody.
Court Records: The Waupaca County Clerk of Circuit Courts maintains records of court proceedings related to arrests. Their office is located at 811 Harding Street, Waupaca, WI 54981, and is open Monday through Friday, 8:00 AM to 4:30 PM.
Pursuant to Wis. Stat. § 19.35(3), fees may be charged for locating and copying records. The current fee schedule includes $0.25 per page for photocopies and $15.00 per hour for record location if the request exceeds $50.00 in total costs.
Arrest records maintained by Waupaca County law enforcement agencies contain standardized information as required by Wisconsin Administrative Code DOJ § 1.03. These records typically include:
The Waupaca County Sheriff's Department Corrections Division maintains booking records that include additional information related to the arrestee's custody status. These records document the intake process, property inventory, and other administrative details related to incarceration.
It should be noted that arrest records document allegations of criminal activity and do not constitute proof of guilt. Pursuant to Wisconsin's Fair Employment Act (Wis. Stat. § 111.31), employers are prohibited from discriminating against individuals based solely on arrest records that did not result in conviction.
The management and accessibility of arrest records in Waupaca County operate within a comprehensive legal framework established by Wisconsin statutes and administrative codes. The Wisconsin Department of Justice provides oversight and guidance regarding the proper maintenance of criminal justice information.
Wisconsin's Public Records Law (Wis. Stat. §§ 19.31-19.39) establishes the foundational principle that government records, including arrest records, shall be accessible to the public. The statute specifically declares that providing citizens with information about government operations is "an essential function of a representative government and an integral part of the routine duties of officers and employees."
Key provisions affecting arrest records include:
Presumption of Accessibility: Wis. Stat. § 19.31 creates a presumption that public records shall be accessible unless there is a clear statutory exception or the public interest in withholding the record outweighs the public interest in disclosure.
Record Custodian Responsibilities: Wis. Stat. § 19.34 requires record custodians to adopt procedures to facilitate public access to records. The Waupaca County Sheriff's Department has established protocols for record requests in compliance with this provision.
Permissible Fees: Wis. Stat. § 19.35(3) authorizes agencies to charge fees that do not exceed the actual, necessary, and direct costs of reproduction and transcription of records.
Criminal History Record Information: Wisconsin Administrative Code DOJ § 1.01-1.11 establishes standards for the collection, maintenance, and dissemination of criminal history record information, including arrest data.
The Wisconsin Law Library provides resources for individuals seeking additional information about the legal framework governing arrest records in Waupaca County.
Under Wisconsin law, certain individuals may be eligible to have their arrest records expunged from public access. Expungement is the legal process by which arrest and conviction records are removed from public view, though they may still be accessible to law enforcement agencies for official purposes.
Wisconsin Statute § 973.015 governs the expungement process in Waupaca County. The primary eligibility criteria include:
The expungement process requires filing a petition with the Waupaca County Clerk of Circuit Courts. The petition must include:
Upon receipt of a properly filed petition, the court will schedule a hearing to determine whether expungement is appropriate. If granted, the court will issue an order directing all relevant agencies to seal the records from public view.
It is important to note that Wisconsin's expungement law is more limited than those in many other states. The decision must be made at the time of sentencing, and there is no provision for expungement of records for individuals who were not granted this option at sentencing, regardless of subsequent rehabilitation.