Wisconsin CCAP is a system that allows anyone to look up civil and criminal records throughout the state. Although other states have programs similar to CCAP, this system only covers cases that occur within Wisconsin. The program went online April 5, 1999. CCAP stands for “Consolidated Court Automation Programs” and it is a completely free program.
We frequently get asked by clients:
"What if I am convicted of a crime: does that stay on CCAP forever?"
"What if I was charged but the case was dismissed: can I get the CCAP records removed?"
"What if I won my case: will it stay on CCAP forever?"
GOOD NEWS: The answer used to be, yes: they will stay on CCAP forever. However, that may be changing for misdemeanor and felony cases.
How long do my records stay on CCAP?
On March 30, 2018 The Director of State Courts, acting on recommendations by the WCCA (Wisconsin Circuit Court Access) Oversight Committee, agreed to remove the following cases off Wisconsin CCAP after 2 years:
· Dismissed small claims cases (SC files)
· Dismissed criminal cases, both felony (CF files)
and misdemeanor (CM files)
· Acquitted criminal cases, both felony and misdemeanor
· Injunctions under Wis. Stat. Chapter 813 for domestic abuse, child abuse, individual at risk,
or harassment which resulted in a dismissal or denial.
Prior to this change, criminal convictions and dismissals remained on CCAP forever.
How long do my convictions remain online?
If you are convicted for a criminal offense, your records will stay online for many years
· Civil (CV) cases not small claims – 20 years.
· Criminal traffic (CT) cases – 20 years.
· Family (FA) cases – 30 years.
· Class A felony (CF) cases – 75 years.
· Class B – I felony (CF) cases – 50 years.
· Forfeiture (FO) cases – 5 years.
· Misdemeanor (CM) cases – 20 years.
· Traffic forfeiture (TR) cases – 5 years.
What if CCAP shows incorrect information?
From time to time CCAP shows the wrong information. When this happens it is possible for the defendant to petition the court to remove his or her name from CCAP. To begin, you must complete and file a “Petition, Affidavit and Order Concerning Removal of Case Record from Online Records Because of Identity Theft or Mistaken Identity form.” Once this has been completed, a judge will review the form and determine whether the information should be removed.
Can employers discriminate based upon my Wisconsin CCAP record?
It may be a violation of state law to discriminate against a job applicant because of an arrest or conviction record. For the most part, employers may refuse to hire an applicant only if the conviction circumstances relate to the job.
With the easy and free access on CCAP to records, potential employees potentially face discrimination while CCAP is online and public. This is one of the larger problems with free online court records. An employer may find the CCAP record and fail to hire, but then use another excuse to cover his tracks.
What is best way to avoid a Wisconsin CCAP record?
Avoid the conviction. Avoiding the conviction will allow you to avoid all the issues described above. Even if you are charged and the case is won or get dismissed, the two year period is far better than a 20 years of online records available to anyone who looks.
Contact us today for a free consultation. We focus on avoiding convictions all together and have the experience to help you win. People often make their cases worse by trying to handle these situations alone. Please contact us by text or phone at (414) 775-7445 or email at laura@jlfwisconsin.com anytime.
*Any articles in the Libra or posted by Jones Law Firm LLC are not legal advice for a particular client or situation. Further no attorney-client relationship is intended or created with this post.*
