One very common problem for people with an arrest and conviction record(s) is the fear of being rejected for a job because of the stigma associated with such a record. What further complicates the matter is the ease of employers and the general public to conduct a search on the Consolidated Court Automation Programs (CCAP) to discover a person’s court history, both civil and criminal. Whether it’s that small claims matter or OWI you received 10 years ago 3 counties away, employers often use this information in making adverse employment decisions, especially in hiring decisions. However, Wisconsin provides for arrest and conviction record protection against discrimination in employment and though it is difficult to prove such discrimination, there are signs to look out for in determining whether your arrest and conviction record is keeping you unemployed.


Questions a Potential Employer May Ask During an Interview

If you find yourself scheduled for an interview and are nervous about your arrest and conviction record being brought up in either the application and/or interview, be aware that even though Wisconsin law protects you against discrimination based upon your arrest and conviction record, the employer still has certain rights to inquire about the record.


An employer may ask whether you have any pending charges or convictions, as long as the employer makes it clear that these will only be given consideration if the offenses are substantially related to the particular job. An employer cannot, legally, make a rule that no persons with conviction records will be employed. Each job and record must be considered individually, on a case-by-case basis. Emphasized is the term “substantially related” because, as common sense would dictate, not every arrest and conviction is protected in every employment situation. For example, Wisconsin law does not require an employer who provides child care to employ an individual with a conviction record related to crimes against children. This would be considered an offense that is “substantially related” to the position and, therefore, the employer would have a defense against a charge of conviction record discrimination.


Should I be Honest About My Arrest and Conviction Record?

It is important to be honest about not only your arrest and conviction record, if asked, but about everything on an application and during an interview. It is also important that you offer to explain the circumstances of the conviction to the employer so that the employer is better able to assess whether the offense is substantially related and so they are more comfortable with you and their decision.




I Suspect I was Discriminated Based Upon My Arrest and Conviction Record

If you suspect or have direct evidence of having been discriminated against based upon your arrest and conviction record, you can consult with a local employment attorney who will be able to walk you through the facts of your circumstances and inform you about the process involved in potentially filing a claim against the employer with the Equal Rights Division (ERD). It is important to note that arrest and conviction record is not protected at the federal level so a charge with the Equal Employment Opportunity Commission may be inappropriate but is not necessarily unreasonable because an employment practice of not hiring people based upon arrest and conviction record may have what is known as a disparate impact upon a protected class of people in violation of Title VII.