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Waukesha County Arrest Records

Are Arrest Records Public in Waukesha County

Arrest records in Waukesha County are considered public information under Wisconsin's Public Records Law, specifically Wisconsin Statutes § 19.31-19.39. This statute establishes that all persons are entitled to the greatest possible information regarding the affairs of government and the official acts of government officers and employees. The law presumes complete public access to governmental records, consistent with the conduct of governmental business.

The Wisconsin Department of Justice has determined that arrest records maintained by law enforcement agencies constitute public records subject to disclosure under the Public Records Law. However, it is important to distinguish between arrest records and conviction records:

  • Arrest records document the apprehension and taking into custody of an individual by law enforcement authorities based on probable cause that the person has committed a crime. These records exist regardless of whether charges are filed or convictions obtained.

  • Conviction records document the final disposition of a criminal case resulting in a finding of guilt. These records are maintained by the courts and are also public under Wisconsin law.

Pursuant to Wisconsin Statutes § 165.83, law enforcement agencies are required to collect and maintain certain information regarding arrests, which becomes part of the public record. However, access may be restricted in certain circumstances, such as ongoing investigations, juvenile records, or when disclosure would endanger an individual's safety.

The Waukesha County Sheriff's Department maintains arrest records in accordance with state law and provides public access to these records through established procedures that balance transparency with privacy and safety considerations.

What's in Waukesha County Arrest Records

Waukesha County arrest records contain comprehensive information documenting an individual's interaction with law enforcement during and following an arrest. These records typically include the following categories of information:

Arrestee Identifying Information:

  • Full legal name (including aliases or known nicknames)
  • Date of birth
  • Physical description (height, weight, eye color, hair color)
  • Gender
  • Race/ethnicity
  • Home address
  • Identifying marks (tattoos, scars, etc.)
  • Photograph (mugshot)
  • Fingerprints

Arrest Details:

  • Date and time of arrest
  • Location of arrest
  • Arresting agency
  • Names and badge numbers of arresting officers
  • Reason for arrest
  • Use of force information (if applicable)

Charge Information:

  • Criminal charges filed
  • Statute numbers of alleged violations
  • Charge classification (misdemeanor or felony)
  • Charge severity level
  • Description of alleged criminal activity

Warrant Information (if applicable):

  • Warrant number
  • Issuing court
  • Date issued
  • Type of warrant (arrest, bench, search)

Booking Information:

  • Booking date and time
  • Booking number
  • Processing officer information
  • Property inventory
  • Medical screening information

Bond/Bail Information:

  • Bail amount set
  • Bond type (cash, signature, property)
  • Bond conditions
  • Release eligibility
  • Payment status

Court Information:

  • Court case number
  • Assigned court
  • Scheduled court appearances
  • Judge assigned

Custody Status:

  • Current detention status
  • Facility location
  • Expected release date (if applicable)
  • Custody level classification

Additional Information May Include:

  • Prior criminal history
  • Probation/parole status
  • Immigration holds
  • Mental health alerts
  • Medical alerts
  • Gang affiliation (if documented)
  • Victim information (may be redacted in public versions)
  • Witness information (may be redacted in public versions)

The specific content of arrest records may vary based on the arresting agency's policies and the circumstances of the arrest. Some information may be redacted from public versions of arrest records to protect privacy, ongoing investigations, or sensitive information pursuant to Wisconsin Statutes § 19.36.

How To Look Up Arrest Records in Waukesha County in 2026

Members of the public seeking arrest records in Waukesha County may utilize several methods to obtain this information. The county maintains systems for both in-person and remote access to these public records. The following procedures outline the current process for accessing arrest records:

In-Person Requests:

  1. Visit the Waukesha County Sheriff's Department Records Division during regular business hours.

Waukesha County Sheriff's Department Records Division
515 W. Moreland Boulevard
Waukesha, WI 53188
(262) 548-7122
Waukesha County Sheriff's Records Division

  1. Complete a public records request form, which requires:

    • Requestor's full name and contact information
    • Specific information being requested
    • Date range of records sought
    • Subject individual's full name and date of birth (if known)
    • Reason for request (optional, but may help expedite processing)
  2. Present valid government-issued photo identification.

  3. Pay applicable fees:

    • Search fee: $5.00 per name searched
    • Copy fee: $0.25 per page
    • Certified copies: $5.00 additional per document
    • Photographs: $10.00 per photograph

Electronic Requests:

  1. Visit the Waukesha County Sheriff's Department website.

  2. Navigate to the Records Division section.

  3. Download and complete the Public Records Request Form.

  4. Submit the completed form via:

  5. Include payment information or await invoice for applicable fees.

Telephone Requests:

Limited information may be available via telephone by calling the Records Division at (262) 548-7122. However, written requests are typically required for comprehensive arrest record information.

Processing times vary based on the complexity of the request and current departmental workload. Standard requests are typically processed within 5-10 business days. Expedited processing may be available for an additional fee in certain circumstances.

Pursuant to Wisconsin's Public Records Law, the Records Division must respond to requests "as soon as practicable and without delay." If a request is denied in whole or in part, the requestor will receive written notification citing the specific statutory exemption that authorizes withholding the record.

How To Find Waukesha County Arrest Records Online

Waukesha County provides several online resources for accessing arrest records electronically. These digital platforms offer convenient alternatives to in-person requests, allowing members of the public to search for and retrieve arrest information remotely. The following online methods are currently available:

  1. Waukesha County Jail Inmate Search

    The Waukesha County Sheriff's Department maintains a current inmate list that is updated hourly. This database includes individuals currently incarcerated at both the Waukesha County Jail Facility and Huber Facility. To use this resource:

    • Navigate to the inmate search portal
    • Search by last name, first name, or booking number
    • View basic arrest information, charges, and custody status
    • Note that this system only displays currently incarcerated individuals
  2. Wisconsin Circuit Court Access (WCCA)

    The Wisconsin Court System's case search platform, commonly known as CCAP, provides access to court records including criminal cases resulting from arrests. This system includes:

    • Criminal case information
    • Charges filed
    • Court dates and proceedings
    • Case outcomes and sentencing information
    • Search capabilities by name, case number, or citation number
  3. Waukesha County Court Records

    The Waukesha County Circuit Court maintains online access to court records related to arrests and criminal proceedings. This system provides:

    • Case filing information
    • Hearing schedules
    • Court documents
    • Case disposition information
  4. Wisconsin Department of Corrections Offender Search

    For individuals who have been convicted and sentenced to state supervision, the Wisconsin Department of Corrections Offender Locator provides:

    • Current custody status
    • Supervision information
    • Offense information
    • Release date information (when applicable)
  5. Wisconsin Crime Information Bureau (CIB)

    The Wisconsin Department of Justice maintains the Wisconsin Online Record Check System (WORCS) which provides criminal history information for a fee. This system:

    • Requires user registration
    • Charges $7.00 per name search
    • Provides criminal history information including arrests and convictions
    • Offers both public and private record access options

When using online systems to access arrest records, users should be aware that:

  • Information may be limited compared to complete records available through formal requests
  • Some systems may have delayed updates
  • Certain sensitive information may be redacted
  • Records may not include dismissed charges or expunged records
  • User fees may apply for certain searches or document retrieval

For comprehensive arrest record information, a formal request to the Waukesha County Sheriff's Department Records Division may still be necessary, particularly for older records or detailed arrest information not available through online systems.

How To Search Waukesha County Arrest Records for Free?

Members of the public seeking no-cost access to Waukesha County arrest records have several options available. Wisconsin's commitment to government transparency, as codified in Wisconsin Statutes § 19.35(1), provides for public inspection of records without charge, though fees may apply for copies or extensive searches. The following methods allow for free access to arrest record information:

  1. Waukesha County Jail Current Inmate List

    The Sheriff's Department maintains a free, publicly accessible current inmate database that is updated hourly. This resource provides:

    • Names of currently incarcerated individuals
    • Booking dates
    • Charges
    • Bond information
    • Expected release dates (when available)

    This resource is limited to individuals currently in custody and does not include historical arrest records.

  2. Wisconsin Circuit Court Access (WCCA)

    The Wisconsin court system's public access website, commonly known as CCAP, provides free access to court records including criminal cases. This system allows users to:

    • Search by name without fees
    • View criminal charges resulting from arrests
    • Access case status information
    • View court dates and proceedings
    • See case outcomes and sentencing information
  3. In-Person Record Inspection

    Wisconsin law allows for free inspection of public records during normal business hours. Individuals may:

    • Visit the Waukesha County Sheriff's Department Records Division
    • Request to inspect specific arrest records
    • View records without charge (though identification may be required)
    • Take notes from records

    Waukesha County Sheriff's Department Records Division
    515 W. Moreland Boulevard
    Waukesha, WI 53188
    (262) 548-7122
    Waukesha County Sheriff's Records Division

    Hours: Monday-Friday, 8:00 AM - 4:30 PM (excluding holidays)

  4. Waukesha County Law Library

    The Law Library maintains public access terminals for legal research including some court records:

    Waukesha County Law Library
    515 W. Moreland Boulevard, Room C-259
    Waukesha, WI 53188
    (262) 548-7546

    Hours: Monday-Friday, 8:00 AM - 4:30 PM (excluding holidays)

  5. Local Public Libraries

    Several public libraries in Waukesha County offer free internet access where users can search public court records:

    Waukesha Public Library
    321 Wisconsin Avenue
    Waukesha, WI 53186
    (262) 524-3680

    Brookfield Public Library
    1900 N. Calhoun Road
    Brookfield, WI 53005
    (262) 782-4140

When utilizing free search methods, users should be aware of certain limitations:

  • Free resources may not provide complete arrest record information
  • Historical records may not be available through online systems
  • Some information may be redacted in publicly accessible versions
  • Complex searches may require assistance from records personnel
  • While inspection is free, copying fees will apply if printed records are needed

For the most comprehensive access to arrest records, combining these free methods often provides the most complete information without incurring fees.

How To Delete Arrest Records in Waukesha County

Wisconsin law provides specific mechanisms for limiting public access to arrest records under certain circumstances. These processes fall into two distinct categories: expungement (legal erasure) and sealing (restricting public access). Each process has different eligibility requirements, procedures, and outcomes.

Expungement of Arrest Records

Expungement in Wisconsin is governed by Wisconsin Statutes § 973.015, which allows for the removal of certain records from public access. Key aspects of expungement include:

  1. Eligibility Requirements:

    • The offense must be a misdemeanor or a non-violent Class H or I felony
    • The offender must have been under 25 years of age at the time of the offense
    • The maximum period of imprisonment must not exceed 6 years
    • The court must have determined at sentencing that expungement would benefit the offender and not harm society
    • The offender must have successfully completed their sentence
  2. Process for Expungement:

    • File a Petition for Expungement with the Waukesha County Circuit Court
    • Include certified copies of relevant court documents
    • Pay the required filing fee (currently $120)
    • Attend a hearing if scheduled by the court

    Waukesha County Circuit Court
    515 W. Moreland Boulevard
    Waukesha, WI 53188
    (262) 548-7484
    Waukesha County Circuit Court

  3. Effect of Expungement:

    • Court records are removed from public access
    • Records are sealed from public view but maintained for law enforcement purposes
    • The case will not appear in Wisconsin Circuit Court Access (CCAP) searches
    • The expunged record cannot be used as a prior conviction for sentencing purposes

Sealing of Arrest Records

For arrests that did not result in charges or convictions, Wisconsin law provides a process for sealing or removing these records from public view:

  1. Eligibility for Sealing:

    • Arrests where no charges were filed
    • Cases that were dismissed
    • Cases resulting in acquittal
    • Cases where the individual was found not guilty
  2. Process for Sealing:

    • File a Petition for Return of Property and Sealing of Record with the Waukesha County Circuit Court
    • Include documentation showing the case disposition
    • Serve copies on the District Attorney's Office
    • Attend the scheduled hearing

    Waukesha County District Attorney's Office
    515 W. Moreland Boulevard, Room G-72
    Waukesha, WI 53188
    (262) 548-7076

  3. Effect of Sealing:

    • Arrest records are removed from public access
    • Records remain available to law enforcement agencies
    • The arrest will not appear in background checks conducted by the general public

Additional Remedies

In certain circumstances, individuals may pursue additional remedies:

  1. Governor's Pardon:

    • Available only for completed sentences for Wisconsin convictions
    • Does not expunge or seal records but restores certain civil rights
    • Application process through the Wisconsin Governor's Office
  2. Error Correction:

    • If arrest records contain factual errors, individuals may request corrections
    • Submit documentation of errors to the arresting agency
    • May require court intervention if the agency refuses corrections

It is important to note that expungement and sealing in Wisconsin are limited compared to some other states. Many arrest records remain permanently accessible to law enforcement even after expungement or sealing. Additionally, federal charges and certain serious offenses are generally ineligible for expungement under Wisconsin law.

Legal assistance is strongly recommended when pursuing expungement or sealing of arrest records due to the complex nature of these proceedings.

What Happens After Arrest in Waukesha County?

Following an arrest in Waukesha County, individuals enter a structured criminal justice process governed by Wisconsin state law and local procedures. This process includes several distinct phases from initial custody through case disposition:

1. Arrest and Booking

The criminal justice process begins with the arrest, either through:

  • On-scene arrest by law enforcement
  • Arrest pursuant to a warrant
  • Voluntary surrender

Following arrest, the individual is transported to the Waukesha County Jail for booking, which includes:

  • Photograph (mugshot) and fingerprinting
  • Personal information collection
  • Medical screening
  • Property inventory
  • Initial charge documentation

2. Initial Appearance

Within 48 hours of arrest (excluding weekends and holidays), the arrestee appears before a Waukesha County Court Commissioner for:

  • Formal reading of charges
  • Bail/bond determination
  • Appointment of counsel for indigent defendants
  • Scheduling of preliminary hearing (for felonies)
  • Possible plea entry (for misdemeanors)

3. Preliminary Hearing (Felonies Only)

For felony cases, a preliminary hearing must be held within 10 days if the defendant is in custody or 20 days if released on bail. This hearing:

  • Determines if probable cause exists that a felony was committed
  • Is waived in approximately 80% of cases
  • Results in binding over for trial if probable cause is found

4. Arraignment

Following the preliminary hearing (or waiver), felony defendants are arraigned in Circuit Court where:

  • Formal charges are read
  • Defendant enters a plea
  • Trial date may be set
  • Pretrial motions may be scheduled

5. Pretrial Proceedings

Before trial, several proceedings may occur:

  • Discovery exchange between prosecution and defense
  • Motion hearings (suppression of evidence, dismissal requests, etc.)
  • Status conferences
  • Plea negotiations
  • Pretrial conferences

6. Trial

If the case proceeds to trial, defendants have the right to:

  • Jury trial (12 jurors for felonies, 6 for misdemeanors)
  • Bench trial (judge decides guilt)
  • Present evidence and witnesses
  • Cross-examine prosecution witnesses
  • Testify or remain silent
  • Appeal adverse rulings

7. Sentencing

If convicted through plea or trial, sentencing follows:

  • Pre-sentence investigation may be ordered
  • Victim impact statements may be presented
  • Defense presents mitigating factors
  • Prosecution recommends sentence
  • Judge imposes sentence according to statutory guidelines

8. Post-Conviction

After conviction, defendants may pursue:

  • Direct appeal within 20 days
  • Post-conviction motions
  • Sentence modification requests
  • Habeas corpus petitions

Throughout this process, arrest records are created and maintained by various agencies including the Waukesha County Sheriff's Department, Clerk of Courts, and District Attorney's Office. These records become part of the individual's criminal history and are generally accessible to the public through the methods previously described, subject to any applicable sealing or expungement orders.

The entire process from arrest to disposition typically takes several months for misdemeanors and up to a year or more for complex felony cases in Waukesha County.

How Long Are Arrest Records Kept in Waukesha County?

Arrest records in Waukesha County are maintained according to retention schedules established by Wisconsin state law, specifically Wisconsin Statutes § 16.61 governing records management and the Public Records Board retention schedules. These schedules establish minimum retention periods, though records may be kept longer at the discretion of the maintaining agency.

Law Enforcement Arrest Records

The Waukesha County Sheriff's Department maintains arrest records according to the following retention periods:

  • Arrest Reports and Booking Information: 75 years from date of creation
  • Arrest Photographs (Mugshots): 75 years from date of creation
  • Fingerprint Cards: 75 years from date of creation
  • Incident Reports Related to Arrests: 75 years from date of creation
  • Arrest Warrants (Executed): 75 years after execution
  • Arrest Warrants (Unexecuted): Until recalled by issuing authority or subject is deceased

These extended retention periods ensure records remain available for law enforcement purposes, including:

  • Investigation of subsequent crimes
  • Background checks for sensitive positions
  • Sentencing considerations in future cases
  • Statistical analysis and crime pattern recognition

Court Records Related to Arrests

The Waukesha County Clerk of Circuit Court maintains court records according to the following schedule:

  • Felony Case Files: 75 years after case closure
  • Misdemeanor Case Files: 20 years after case closure
  • Traffic/Ordinance Violations: 5-10 years after case closure
  • Juvenile Records: Until subject reaches age 38 (with exceptions)
  • Court Indices and Dockets: Permanent retention

Court records may be subject to different retention requirements than law enforcement records, even when they relate to the same arrest. The Wisconsin Circuit Court Access system typically displays records according to these retention schedules.

Detention Records

The Waukesha County Jail maintains records related to post-arrest detention:

  • Jail Booking Records: 7 years after release
  • Inmate Medical Records: 7 years after release
  • Jail Incident Reports: 10 years after creation
  • Visitor Logs: 7 years after creation

Factors Affecting Retention

Several factors may modify standard retention periods:

  1. Court Orders: Expungement or sealing orders may alter how records are maintained and accessed, though they typically do not result in complete destruction of records.

  2. Case Significance: Records related to homicides, sexual assaults, and other serious crimes may be retained permanently regardless of standard schedules.

  3. Electronic vs. Physical Records: Electronic records may be maintained longer than their physical counterparts due to storage efficiency.

  4. Historical Value: Records deemed to have historical significance may be transferred to the Wisconsin State Historical Society for permanent preservation.

It is important to note that even when records reach the end of their retention period, they are not automatically destroyed. Agencies conduct systematic reviews of eligible records and make destruction decisions based on continuing value, pending litigation holds, and administrative needs.

The extended retention of arrest records serves important public safety and accountability functions, though it can present challenges for individuals seeking to move beyond past interactions with the criminal justice system.

How to Find Mugshots in Waukesha County

What Mugshots Are

Mugshots, formally known as booking photographs, are official photographs taken during the booking process following an arrest. In Waukesha County, these photographs serve several purposes:

  • Documenting the physical appearance of arrested individuals
  • Aiding in identification during incarceration
  • Providing visual identification for law enforcement databases
  • Creating a record of the individual's appearance at the time of arrest

Typically, mugshots include front-facing and profile (side) views of the arrested individual, often with identifying information visible in the photograph.

Where Mugshots Are Maintained

In Waukesha County, booking photographs are primarily maintained by:

Waukesha County Sheriff's Department
515 W. Moreland Boulevard
Waukesha, WI 53188
(262) 548-7122
Waukesha County Sheriff's Department

The Sheriff's Department maintains these photographs as part of their arrest records. Additionally, municipal police departments within Waukesha County may maintain copies of mugshots for arrests they process before transferring individuals to county custody.

Finding Mugshots

Members of the public seeking access to mugshots in Waukesha County have several options:

  1. Direct Request to Sheriff's Department:

    • Submit a public records request to the Waukesha County Sheriff's Records Division
    • Specify the individual's name and date of arrest (if known)
    • Pay applicable fees ($10.00 per photograph)
    • Allow 5-10 business days for processing
  2. Current Inmate Database:

    • The Waukesha County Jail inmate list includes booking photographs of currently incarcerated individuals
    • This resource is limited to individuals currently in custody
    • Updated hourly with current information
  3. Court Records:

    • In some cases, mugshots may be included in court files
    • Request viewing of court files through the Clerk of Circuit Court
    • Not all court files contain mugshots

Can Mugshots Be Found Online

Waukesha County does provide limited online access to mugshots through:

  • The current inmate list on the Sheriff's Department website
  • Occasionally through court records accessible via Wisconsin Circuit Court Access

However, unlike some jurisdictions, Waukesha County does not maintain a comprehensive public database of historical mugshots. Commercial websites that aggregate mugshots may include Waukesha County arrests, but these sites:

  • May contain outdated or inaccurate information
  • Often charge fees for removal of photographs
  • Are not officially affiliated with Waukesha County
  • May not remove photographs even after cases are dismissed or expunged

Obtaining Mugshots Officially

For official copies of mugshots, the most reliable method is:

  1. Complete a public records request form (available on the Sheriff's Department website)
  2. Include specific identifying information about the subject
  3. Submit the request with payment to the Records Division
  4. Receive copies by mail or in person upon completion

Restrictions on Mugshot Access

Access to mugshots may be restricted in certain circumstances:

  • Juvenile arrests (under age 17) are generally not public records
  • Expunged or sealed records will not include publicly accessible mugshots
  • Ongoing investigations may result in temporary withholding
  • Privacy concerns may result in redaction of certain information
  • Records related to victims of certain crimes may have restricted access

Wisconsin's public records law generally favors disclosure, but balances this with privacy and safety considerations. The determination of whether a specific mugshot is releasable is made on a case-by-case basis by the records custodian in accordance with state law.

Lookup Arrest Records in Waukesha County

Current Waukesha County Jail Inmate List

Wisconsin Court System Case Search

Waukesha County Court Record Information

Waukesha County Sheriff's Records Division

Waukesha County Register of Deeds Public Access/Online Document Search