Wisconsin Misdemeanors

In Wisconsin, a misdemeanor is any crime that is not punishable by imprisonment in a state prison. In other words, it refers to offenses where the maximum possible penalty does not include time in a state prison. Misdemeanors are grouped into three classes in Wisconsin, and unless a specific law provides otherwise, the penalties are established under Section 939.51(3) of the Wisconsin Statutes.

What Is a Misdemeanor in Wisconsin?

Some of the most common misdemeanors in Wisconsin are disorderly conduct, lower-value theft, bail jumping, possession of drug paraphernalia, and simple battery. Depending on the seriousness of the offense, misdemeanors are grouped into Class A, B, and C. The state also makes a clear distinction between misdemeanors and civil forfeitures.

Civil forfeitures are non-criminal violations that result in fines or other monetary penalties instead of jail time. For instance, a first-offense OWI is considered a civil forfeiture and can lead to fines and license suspension. Nonetheless, an offender may face misdemeanor or felony penalties if convicted for repeat OWI offenses.

Misdemeanor Classes and Penalties in Wisconsin

The general misdemeanor penalty chart is codified in Wis. Stat. § 939.51. The maximum jail terms and fine limits for each class of misdemeanor are as follows:

• Class A misdemeanor: The maximum penalty for this class of misdemeanor is a fine of $10,000 and a nine-month jail sentence.
• Class B misdemeanor: These offenses can result in a jail term of up to 90 days and a fine of as high as $1,000.
• Class C misdemeanor: An individual found guilty of crimes in this category may face up to 30 days in jail and pay a $500 fine.

Besides jail time and fines, the court may punish misdemeanor offenses with other penalties like probation, restitution, mandatory treatment programs, no-contact orders, or community service. In addition, the Wisconsin Department of Transportation also provides the public with the current penalty chart for OWI offenses committed within the state.

Misdemeanor Court Process in Wisconsin

All misdemeanor cases at the county level in Wisconsin fall under the jurisdiction of the Circuit Courts. Nevertheless, when a misdemeanor case is appealed, it is reviewed in the Wisconsin Court of Appeals by a single judge.

In Wisconsin, a misdemeanor case begins when an individual is charged through an arrest or by receiving a summons. During the initial appearance, the judge explains the charges against the defendant and advises them of their right to have an attorney. The judge also determines if the defendant will be released before trial.

At the arraignment, the defendant enters a plea of guilty, not guilty, or no contest. If a not-guilty plea is entered, the case moves into the pretrial stage, where the defense and prosecution may discuss possible plea agreements or other ways to resolve the case without going to trial. The case proceeds to trial when no agreement is reached.

During the trial, the prosecution must prove that the defendant is guilty beyond a reasonable doubt. If the defendant is convicted, the court holds a sentencing hearing to decide the appropriate penalty, which may include fines, probation, community service, or up to one year in county jail.

Misdemeanor Records in Major Wisconsin Cities

• Milwaukee (Milwaukee County) – To find the records of misdemeanors heard in Milwaukee County, interested parties may either use the MyCounty Customer Portal or the Wisconsin Circuit Court Access (WCCA) Case Search.
• Madison (Dane County) – The Dane County Circuit Court maintains an online index where users can find misdemeanor records. Alternatively, official records are available at the Record Center within the courthouse.
• Green Bay (Brown County) – Record seekers can find Green Bay misdemeanor records online through the WCCA. To pay court fines, fees, or costs, individuals can either use the Wisconsin Court System website or AllPaid.com.

Through the WCCA, Wisconsin residents can access circuit court records from 1994 till date. Because this portal is provided for information purposes only, individuals interested in viewing or obtaining certified copies of misdemeanor records can do so in the relevant Clerk of Circuit Courts’ Office.

How to Search for Misdemeanor Records in Wisconsin

By using the Case Search feature of the WCCA website, you can search for information regarding misdemeanor cases that were heard in Wisconsin's Circuit Courts. To locate the right records, conduct your search by party name, county, birthdate, business name, or case number.

If you are searching for first-OWI records, you must visit the municipal court that heard the case or use their case lookup portals. Since case documents are maintained by court clerks, you may visit either the Clerk’s Office or the courthouse's Record Center to acquire regular and certified copies for a small fee.

When looking up misdemeanor records through the WCCA, you will see case information such as the Register of Actions, party names, sentence terms, financial balances, and dispositions.

How Long Does a Misdemeanor Stay on Your Record in Wisconsin?

In Wisconsin, misdemeanor records remain accessible for life unless the individual obtains a court-order “expunction” under Wis.Stat. § 973.015.

Youthful-offender expunction

Individuals under 25 may qualify for the expunction of their criminal record if the judge authorizes it at the time of sentencing. Once the offender completes the sentence, the record is removed from public access, provided the offense committed meets the statutory eligibility criteria. Guidance from the Wisconsin State Bar and the courts emphasizes that the decision to grant expunction must be made during sentencing.

Non-convictions and arrest records

The Wisconsin Department of Justice has established procedures for removing arrest records that did not result in a conviction. In other words, individuals may request the removal of arrest or custody records if their case ended without a conviction. These procedures are detailed under Wis. Stat. §165.84and related DOJ policies.

For most adults, a misdemeanor will remain visible on court dockets unless the record owner:

• Pursues DOJ or court remedies to remove or update records in non-conviction matters
• Qualifies for expunction under § 973.015, where the judge granted expunction at sentencing and the sentence has been fully completed.