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Oshkosh Arrest Records

Are Arrest Records Public in Oshkosh, Wisconsin?

Arrest records are public in Oshkosh, 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 Wisconsin Supreme Court has consistently upheld that public records laws "shall be construed in every instance with a presumption of complete public access, consistent with the conduct of governmental business" (Wis. Stat. § 19.31). Arrest records maintained by the Oshkosh Police Department and the Winnebago County Sheriff's Office are subject to these provisions, ensuring transparency in law enforcement operations and maintaining public confidence in the criminal justice system.

Members of the public should be aware that while arrest records are generally accessible, certain information may be redacted to protect ongoing investigations, juvenile records, or personal identifying information as specified under Wis. Stat. § 19.36. The custodian of records may withhold access only in limited circumstances where the public interest in nondisclosure outweighs the strong public interest in disclosure.

How to Look Up Oshkosh Arrest Records in 2025

Multiple official channels exist for members of the public seeking to access arrest records in Oshkosh, Wisconsin. The following methods are available for obtaining these public documents:

Winnebago County Sheriff's Office Records Division: Citizens may request arrest records in person at the Winnebago County Sheriff's Office located at 4311 Jackson Street, Oshkosh, WI 54901. The Records Division is open Monday through Friday, 8:00 AM to 4:30 PM. Requests can be submitted by calling (920) 236-7301 or visiting during business hours.
Oshkosh Police Department Records Unit: The City of Oshkosh Police Department maintains arrest records for incidents within city limits. Records may be requested at 420 Jackson Street, Oshkosh, WI 54901. The Records Unit operates Monday through Friday, 8:00 AM to 4:30 PM, and can be reached at (920) 236-5700.
Winnebago County Clerk of Courts: Court records related to arrests can be accessed through the Clerk of Courts Office at the Winnebago County Courthouse, 415 Jackson Street, Oshkosh, WI 54901. The office is open Monday through Friday, 8:00 AM to 4:30 PM, and can be contacted at (920) 236-4848.
Wisconsin Circuit Court Access (WCCA): The public may search court records online through the Wisconsin Circuit Court Access portal, commonly known as CCAP. This database includes information on criminal cases resulting from arrests in Winnebago County.

Pursuant to Wis. Stat. § 19.35(1), requesters may be required to pay the actual, necessary, and direct cost of reproduction of records. Fees typically range from $0.25 per page for photocopies to higher amounts for certified copies or extensive searches.

Contents of an Oshkosh Arrest Record

Arrest records maintained by law enforcement agencies in Oshkosh, Wisconsin typically contain comprehensive information as mandated by Wisconsin Administrative Code § DOJ 1.04. Standard arrest records include the following components:

Biographical Information: Full legal name, aliases, date of birth, physical description (height, weight, eye and hair color), and residential address of the arrested individual.
Arrest Details: Date, time, and specific location of the arrest; circumstances leading to the arrest; and whether the arrest was made pursuant to a warrant or probable cause determination.
Criminal Charges: Specific statutory violations alleged, including Wisconsin Statute citations and classification of offenses as misdemeanors or felonies.
Arresting Agency Information: Name and badge number of the arresting officer(s), the law enforcement agency involved, and case/incident number assigned.
Processing Information: Booking photographs (mugshots), fingerprint records, and personal property inventory taken at the time of booking.
Custody Status: Information regarding bail or bond amounts set, pretrial release conditions, or detention determinations.
Court Appearance Data: Scheduled court dates, including initial appearances and preliminary hearings.

The Wisconsin Department of Justice maintains standards for arrest record documentation through the Crime Information Bureau, ensuring consistency across jurisdictions within the state. These records serve as official documentation of law enforcement actions and form the basis for subsequent criminal proceedings in Winnebago County courts.

Expungement of Arrest Records in Oshkosh

The expungement of arrest records in Oshkosh is governed by Wisconsin Statute § 973.015, which provides a legal mechanism for the removal of certain records from public access. Expungement eligibility in Wisconsin is notably limited compared to many other states. The following criteria and procedures apply to expungement requests:

Eligibility Requirements: Under Wisconsin law, expungement is primarily available for individuals who:
- Were under the age of 25 at the time of the offense
- Were convicted of a misdemeanor or a Class H or I felony
- Successfully completed their sentence, including probation
- Had expungement ordered by the judge at the time of sentencing
Petition Process: Eligible individuals must file a petition with the Winnebago County Circuit Court where the case was adjudicated. The petition must include:
- Case number and offense information
- Date of conviction and sentence completion
- Statement addressing statutory eligibility criteria
- Supporting documentation of rehabilitation efforts
Judicial Review: The court reviews petitions based on statutory criteria and determines whether expungement would benefit the petitioner without harming society's interests. The court may schedule a hearing where the petitioner and the District Attorney may present arguments.
Effect of Expungement: When granted, expungement seals the court record from public view in the Wisconsin Circuit Court Access system. However, it is important to note that under Wis. Stat. § 973.015(2), expunged records remain available to law enforcement agencies and may be considered in subsequent criminal proceedings.

The Winnebago County Clerk of Courts Office, located at 415 Jackson Street, Oshkosh, WI 54901, provides the necessary forms and procedural information for expungement petitions. Individuals seeking expungement may contact the office at (920) 236-4848 for specific filing requirements.

Legal Limitations on Arrest Record Access

Wisconsin law establishes certain restrictions on the disclosure and use of arrest records to balance public access with privacy protections. The following limitations apply to arrest records in Oshkosh:

Juvenile Records: Pursuant to Wis. Stat. § 938.396, records pertaining to juveniles (under age 17) are generally confidential and not available for public inspection unless specifically authorized by court order or statutory exception.
Pending Investigations: Under Wis. Stat. § 19.36(10), records related to ongoing law enforcement investigations may be temporarily withheld if disclosure would compromise the effectiveness of the investigation.
Victim Information: Wisconsin's Marsy's Law (Art. I, § 9m of the Wisconsin Constitution) provides certain privacy protections for crime victims, which may result in redaction of victim identifying information from publicly accessible arrest records.
Employment Discrimination Protections: The Wisconsin Fair Employment Act (Wis. Stat. § 111.31-111.395) prohibits employers from discriminating against applicants based on arrest records unless the charges are pending or substantially related to the particular job.
Sealed or Expunged Records: Records that have been legally sealed or expunged pursuant to court order are removed from public access, though they remain available to law enforcement agencies.

The City of Oshkosh Municipal Code contains additional local provisions regarding the maintenance and disclosure of law enforcement records. These provisions operate in conjunction with state law to govern the accessibility of arrest information within the jurisdiction.