Your Comprehensive Guide to Wisconsin Public Records

Wisconsin Public Records

Wisconsin public records are documents, files, and information created, maintained, or kept by state and local government agencies in the course of their official duties. These records serve as a vital resource for citizens seeking information about government operations, property ownership, vital statistics, court proceedings, and more. Access to these records is governed by Wisconsin's Public Records Law, which establishes the framework for public access while balancing privacy concerns and administrative efficiency.

Are Wisconsin Records Public?

Yes, most Wisconsin government records are public by default. Wisconsin has a strong presumption of openness regarding government records, as established by the Wisconsin Public Records Law (Wis. Stat. §§ 19.31-19.39). This law declares that providing citizens with the greatest possible information about government affairs is an essential function of representative government.

The Wisconsin Supreme Court has consistently upheld this presumption of openness, stating that access to public records is "an integral part of the mechanism of Wisconsin government" (Hathaway v. Green Bay School Dist., 116 Wis. 2d 388, 392, 342 N.W.2d 682 (1984)).

However, not all records are publicly accessible. The law recognizes certain exceptions where public interest in nondisclosure outweighs the public interest in access. These exceptions are specific and limited, ensuring that the general principle of openness remains intact while protecting sensitive information when necessary.

What Information Is Included in Wisconsin Public Records?

Wisconsin public records contain a vast array of information created or maintained by government agencies. These records typically include:

• Vital Records: Birth certificates, death certificates, marriage licenses, and divorce records
• Property Records: Deeds, mortgages, liens, property tax assessments, and ownership histories
• Court Records: Civil and criminal case files, judgments, dockets, and court calendars
• Business Records: Corporate filings, licenses, permits, and regulatory compliance documents
• Law Enforcement Records: Arrest records, incident reports, and criminal histories (with certain limitations)
• Government Operations: Meeting minutes, budgets, expenditure reports, and policy documents
• Voting and Election Records: Voter registrations, election results, and campaign finance reports
• Professional Licenses: Records of licensed professionals such as doctors, lawyers, and contractors
• Environmental Records: Permits, inspections, and compliance reports related to environmental regulations
• Motor Vehicle Records: Vehicle registrations, driver's license information (with privacy protections)

The specific content of these records varies depending on the agency that creates and maintains them. Some records may contain personal identifying information that is subject to redaction before public disclosure, while others may be available in their entirety.

What Does the Wisconsin Public Records Law Do?

The Wisconsin Public Records Law (Wis. Stat. §§ 19.31-19.39) establishes the legal framework for public access to government records in the state. This law:

1. Establishes a Presumption of Openness: The law declares that providing citizens with complete information about government affairs is an essential function of a representative government.

2. Defines "Record": Under Wis. Stat. § 19.32(2), a "record" includes any material on which information is recorded or preserved, regardless of physical form or characteristics, that has been created or is being kept by an authority.

3. Identifies "Authorities": The law applies to any state or local office, elected official, agency, board, commission, committee, council, department, or public body corporate and politic, as well as any governmental or quasi-governmental corporation.

4. Sets Response Requirements: Authorities must respond to record requests "as soon as practicable and without delay" (Wis. Stat. § 19.35(4)).

5. Establishes Fee Guidelines: The law permits authorities to charge only the "actual, necessary, and direct" costs of reproduction and location of records (Wis. Stat. § 19.35(3)).

6. Provides for Enforcement: Individuals denied access to records may file a mandamus action in court or request the district attorney or attorney general to bring an action on their behalf (Wis. Stat. § 19.37).

7. Creates Penalties: Authorities who arbitrarily deny access to records may be subject to punitive damages and mandatory attorney fees (Wis. Stat. § 19.37(2) and (3)).

8. Balances Competing Interests: The law recognizes that in some cases, the public interest in nondisclosure may outweigh the public interest in disclosure, creating a "balancing test" for certain records.

The Wisconsin Attorney General's Office provides guidance on the Public Records Law through its Public Records Law Compliance Guide, which is regularly updated to reflect changes in law and court decisions.

How To Find Public Records in Wisconsin in 2025

Accessing public records in Wisconsin involves identifying the appropriate agency that maintains the records you seek and submitting a request according to that agency's procedures. Here's a step-by-step guide:

1. Identify the Custodian: Determine which government agency or department maintains the records you need. Different types of records are kept by different authorities.

2. Prepare a Written Request: While verbal requests are permitted under Wisconsin law, a written request provides documentation and clarity. Your request should:

   • Be addressed to the records custodian
   • Describe the records sought with "reasonable particularity"
   • Include your contact information
   • Specify your preferred format for receiving the records

3. Submit Your Request: Send your request via email, mail, or in person to the appropriate agency. Many agencies now offer online submission forms on their websites.

4. Pay Any Required Fees: Be prepared to pay reasonable fees for copying and, in some cases, location costs if your request requires extensive search time.

5. Follow Up: If you don't receive a response within 10 business days, follow up with the agency. While Wisconsin law doesn't specify a time limit, it requires responses "as soon as practicable and without delay."

For online access, many Wisconsin public records are now available through agency websites or dedicated portals:

• Court records can be searched through the Wisconsin Circuit Court Access (WCCA) system
• Business records are available through the Department of Financial Institutions
• Property records may be accessed through county register of deeds websites
• Vital records can be requested through the Wisconsin Vital Records Office

Does Wisconsin Have Free Public Records?

Wisconsin law allows government agencies to charge fees for providing public records, but some records are available at no cost, particularly when accessed online. The availability of free records depends on:

1. Method of Access: Many records that are available online through government portals can be accessed for free, while obtaining physical copies typically involves fees.

2. Type of Record: Some agencies provide certain basic information at no charge as a public service, while more detailed records may require payment.

3. Agency Policies: Individual agencies have discretion in setting fee policies within the constraints of the law, and some may waive fees for simple requests.

Examples of free public records in Wisconsin include:

• Basic court case information through the Wisconsin Circuit Court Access website
• Publicly available meeting minutes and agendas on municipal websites
• Certain business entity information through the Department of Financial Institutions online search
• Legislative documents and statutes through the Wisconsin State Legislature website

However, most requests for physical copies of records, certified documents, or records requiring significant search time will incur fees.

How Much Does It Cost To Get Public Records in Wisconsin?

Under Wisconsin's Public Records Law, agencies may charge only the "actual, necessary, and direct" costs associated with reproducing and, in some cases, locating records. Typical fees include:

• Photocopying: Usually $0.15 to $0.25 per page for standard black and white copies
• Location Fees: If a request takes more than $50 worth of employee time to locate records (approximately 30 minutes to an hour, depending on employee salary), location fees may be charged
• Specialized Formats: Higher fees for color copies, large format documents, or electronic media
• Mailing Costs: Actual postage costs if records are mailed
• Specialized Records: Certain records have statutorily set fees:
  • Birth certificates: $20 for the first copy, $3 for additional copies
  • Death certificates: $20 for the first copy, $3 for additional copies
  • Marriage certificates: $20 for the first copy, $3 for additional copies
  • Vehicle records: $5-$10 depending on the type of record

Agencies cannot charge for:

• Time spent redacting confidential information
• The cost of reviewing records to determine what should be disclosed
• The "cost" of providing access to electronic records that are already in electronic format

Requesters can ask for an estimate of costs before the agency fulfills the request, and agencies must explain the basis for any fees charged.

How Long Does It Take to Obtain Public Records in Wisconsin?

Wisconsin's Public Records Law requires authorities to respond to requests "as soon as practicable and without delay" but does not specify a fixed timeline. In practice, response times vary based on:

1. Complexity of the Request: Simple requests for readily available documents may be fulfilled within days, while complex requests requiring extensive searches or review may take weeks.

2. Volume of Records: Requests for large volumes of records naturally take longer to process.

3. Need for Legal Review: If records contain potentially confidential information requiring redaction or legal review, processing time increases.

4. Agency Resources: Smaller agencies with limited staff may take longer to process requests than larger agencies with dedicated records personnel.

5. Current Workload: Agencies handling multiple simultaneous requests may experience delays.

Typical timeframes:

• Simple, readily available records: 5-10 business days
• Moderately complex requests: 2-4 weeks
• Complex or voluminous requests: 1-3 months or longer

If an agency anticipates a delay, it should communicate this to the requester and provide an estimated timeline. Requesters can follow up if they believe a response is taking an unreasonable amount of time.

What Records Are Confidential In Wisconsin?

While Wisconsin has a strong presumption of openness for public records, certain categories of records are confidential by law or may be subject to the "balancing test" where the public interest in nondisclosure outweighs the public interest in disclosure. Confidential records include:

1. Records Protected by Statute:

   • Patient health care records (Wis. Stat. § 146.82)
   • Pupil records (Wis. Stat. § 118.125)
   • Income tax returns (Wis. Stat. § 71.78)
   • Children's court records (Wis. Stat. § 48.396)
   • Juvenile justice records (Wis. Stat. § 938.396)
   • Trade secrets (Wis. Stat. § 134.90)

2. Records Protected by Common Law or Public Policy:

   • Attorney-client privileged communications
   • Records related to ongoing investigations where disclosure would impede the investigation
   • Preliminary drafts and notes prepared for personal use
   • Information that would compromise competitive bidding

3. Records Containing Personally Identifiable Information:

   • Social Security numbers
   • Driver's license numbers
   • Financial account numbers
   • Personal medical information

4. Records Where Privacy Concerns Outweigh Public Interest:

   • Personnel records containing information about employee misconduct investigations that did not lead to discipline
   • Personal information about private citizens where disclosure would cause unwarranted invasion of privacy

5. Records Related to Public Safety:

   • Security plans for public buildings or infrastructure
   • Information that would compromise law enforcement techniques
   • Records that could endanger individuals if disclosed

When a record contains both confidential and public information, agencies typically redact the confidential portions and release the remainder of the record.

Who Has the Right To Request Public Records in Wisconsin

Wisconsin's Public Records Law grants broad access rights to requesters without significant restrictions. Under Wis. Stat. § 19.35(1)(a), "any requester has a right to inspect any record." Key aspects of who can request records include:

1. No Residency Requirement: Unlike some states, Wisconsin does not limit access to state residents. Anyone, regardless of citizenship or residency status, may request records.

2. No Purpose Requirement: Requesters do not need to state their purpose or justify their need for records. The law specifically states that "no request... may be refused because the person making the request is unwilling to be identified or to state the purpose of the request."

3. No Age Restrictions: The law does not specify age limitations, though minors may face practical challenges in submitting requests or paying fees.

4. Organizations and Businesses: Corporations, associations, organizations, and businesses have the same right to request records as individuals.

5. Incarcerated Individuals: Prisoners retain the right to request records, though their access is somewhat more limited under Wis. Stat. § 19.32(1c) and § 19.35(1)(am).

6. Anonymous Requests: Anonymous requests are permitted, though providing contact information is necessary if the records cannot be provided immediately.

7. Media Organizations: News media have the same rights as other requesters, with no special privileges or restrictions.

The broad access rights reflect Wisconsin's strong commitment to government transparency and the principle that public records belong to all citizens.

What Can Be Done With Public Records in Wisconsin

Public records obtained in Wisconsin can be used for various legitimate purposes, with few restrictions on their subsequent use. Common uses include:

1. Personal Research: Individuals may use records to research family history, property ownership, or other personal matters.

2. Business Purposes: Companies may use public records for:

   • Background checks on potential employees or business partners
   • Market research and competitive analysis
   • Property development planning
   • Verification of professional licenses

3. Legal Proceedings: Attorneys and individuals may use public records as evidence in court cases or to prepare for litigation.

4. Academic Research: Scholars and students may analyze public records for research projects, dissertations, or academic publications.

5. Journalistic Reporting: Media organizations regularly use public records to investigate and report on government activities, public spending, and matters of public interest.

6. Political Accountability: Citizens and advocacy groups may use records to monitor government actions, track public spending, or advocate for policy changes.

7. Commercial Compilation: Some businesses compile public records into databases that are then sold or made available through subscription services.

While there are few legal restrictions on the use of properly obtained public records, users should be aware of:

• Copyright Considerations: Some government-created materials may be subject to copyright protection
• Privacy Concerns: Using personal information from public records for harassment or identity theft is illegal
• Republication Liability: Those who republish information from public records may still face liability for defamation if the information is false and harmful

Wisconsin law generally does not restrict the commercial use of public records, though some specific statutes limit the use of certain records, such as restrictions on using DMV records for unsolicited marketing (Wis. Stat. § 343.50(8)).

Key Agencies and Departments for Public Records in Wisconsin

Wisconsin Department of Administration
101 East Wilson Street, Madison, WI 53703
(608) 266-1741
Wisconsin Department of Administration

Wisconsin Division of Motor Vehicles (DMV)
4822 Madison Yards Way, Madison, WI 53705
(608) 264-7447
Wisconsin DMV

Wisconsin Vital Records Office
1 West Wilson Street, Room 158, Madison, WI 53703
(608) 266-1373
Wisconsin Vital Records

Wisconsin Department of Justice
17 West Main Street, Madison, WI 53703
(608) 266-1221
Wisconsin Department of Justice

Wisconsin Court System
110 East Main Street, Suite 215, Madison, WI 53703
(608) 266-1880
Wisconsin Court System

Wisconsin Historical Society (State Archives)
816 State Street, Madison, WI 53706
(608) 264-6535
Wisconsin Historical Society

Wisconsin State Law Library
120 Martin Luther King Jr. Blvd., Madison, WI 53703
(608) 266-1600
Wisconsin State Law Library

Wisconsin Department of Financial Institutions
4822 Madison Yards Way, North Tower, Madison, WI 53705
(608) 261-9555
Wisconsin Department of Financial Institutions

Wisconsin Department of Workforce Development
201 E. Washington Avenue, Madison, WI 53703
(608) 266-3131
Wisconsin Department of Workforce Development

Wisconsin Department of Public Instruction
125 South Webster Street, Madison, WI 53703
(608) 266-3390
Wisconsin Department of Public Instruction

Wisconsin Department of Natural Resources
101 S. Webster Street, Madison, WI 53703
(608) 266-2621
Wisconsin Department of Natural Resources

Wisconsin Department of Revenue
2135 Rimrock Road, Madison, WI 53713
(608) 266-2772
Wisconsin Department of Revenue

Wisconsin State Legislature
2 East Main Street, Madison, WI 53703
(608) 266-9960
Wisconsin State Legislature

Wisconsin Department of Transportation
4822 Madison Yards Way, Madison, WI 53705
(608) 266-3581
Wisconsin Department of Transportation

Wisconsin Housing and Economic Development Authority
908 East Main Street, Suite 501, Madison, WI 53703 (608) 266-7884
Wisconsin Housing and Economic Development Authority

City of Milwaukee - City Clerk
200 E. Wells Street, Room 205, Milwaukee, WI 53202
(414) 286-2221
City of Milwaukee Clerk

Dane County Register of Deeds
210 Martin Luther King Jr. Blvd., Room 110, Madison, WI 53703
(608) 266-4141
Dane County Register of Deeds

How to Appeal a Denied Public Records Request in Wisconsin

If your request for public records in Wisconsin is denied, you have several options for appeal. The Wisconsin Public Records Law provides specific remedies for requesters who believe their rights have been violated:

1. Request a Written Explanation: If your request is denied, you can ask the authority for a written statement of the reasons for denial. Under Wis. Stat. § 19.35(4)(b), the authority must provide specific reasons for denial, citing legal authority.

2. Seek Review by the Attorney General or District Attorney: You can request that the Attorney General or your county's District Attorney review the denial. While they are not required to take action, they may choose to pursue the matter if they believe the law has been violated.

3. File a Mandamus Action: The primary method of appeal is to file a mandamus action in circuit court. Under Wis. Stat. § 19.37(1), you can ask the court to order the authority to release the records. Steps include:

   • Consult with an attorney experienced in public records law
   • File a petition in the circuit court where the authority is located
   • Present evidence showing that you made a proper request and that the denial was improper

4. Potential Remedies: If the court finds in your favor, it may:

   • Order the release of the records
   • Award attorney's fees, damages of not less than $100, and other actual costs
   • Award punitive damages up to $1,000 if the court finds the authority acted arbitrarily and capriciously

5. Time Considerations: While there is no specific deadline for filing a mandamus action, courts may consider unreasonable delay in seeking judicial review.

The Wisconsin Department of Justice's Office of Open Government provides resources for those considering an appeal, including a Public Records Law Compliance Guide.

Difference Between Federal and Wisconsin Public Records

Jurisdiction The Freedom of Information Act (FOIA), 5 U.S.C. § 552, applies only to federal executive branch agencies, such as the U.S. Department of State, Federal Bureau of Investigation (FBI), and Environmental Protection Agency (EPA). It does not govern records maintained by state or local governments. In Wisconsin, the Wisconsin Public Records Law, codified in Wisconsin Statutes §§ 19.31–19.39, regulates access to the records of state agencies, counties, municipalities, school districts, and other public bodies within the state.

Exemptions FOIA contains nine statutory exemptions that allow agencies to withhold certain information, including:

• Classified national security and foreign policy materials
• Internal agency personnel rules and practices
• Trade secrets and confidential commercial data
• Law enforcement records that may interfere with proceedings or infringe on personal privacy
• Pre-decisional agency communications protected by legal privilege

The Wisconsin Public Records Law does not list a single, exhaustive set of exemptions. Instead, it relies on statutory exceptions throughout the Wisconsin Statutes and the common law balancing test, which weighs the public interest in disclosure against the potential harm of release. Common exemptions in Wisconsin include:

• Records containing personally identifiable information where disclosure would be an unreasonable invasion of privacy
• Law enforcement investigatory records if release could harm investigations or endanger safety
• Attorney–client privileged materials and attorney work product
• Records restricted by other state or federal laws, such as health or student records

Right to Request FOIA allows any person, regardless of citizenship or residency, to request records from federal agencies. Wisconsin law also permits any person to request public records, with no residency requirement.

Response Timelines FOIA requires federal agencies to respond within 20 business days (excluding weekends and holidays), with possible extensions for unusual circumstances. Under Wisconsin law, records must be provided “as soon as practicable and without delay”; while no specific day limit exists, delays must be justified and reasonable.

Appeals and Enforcement FOIA provides for administrative appeals within the agency, followed by the right to file suit in U.S. District Court if the denial is upheld. Under Wisconsin law, a requester may seek review through mandamus action in circuit court. Courts can compel release, award attorney’s fees, and impose damages for arbitrary and capricious denials.

Fees FOIA permits agencies to charge for search, duplication, and review, but fee waivers are available if disclosure is in the public interest. Wisconsin agencies may charge only the actual, necessary, and direct cost of reproduction and, if applicable, locating records when the cost exceeds $50. They may also charge for mailing or electronic media.

Penalties for Non-Compliance FOIA does not impose direct penalties on federal employees but allows courts to compel disclosure and award attorney’s fees. Under Wisconsin law, if a court finds that a custodian arbitrarily and capriciously denied or delayed a request, it may award the requester actual damages, reasonable attorney’s fees, and punitive damages of up to $1,000 (Wis. Stat. § 19.37(3)).

Legal References

• Federal Law: Freedom of Information Act (FOIA) – 5 U.S.C. § 552
• State Law: Wisconsin Public Records Law – Wis. Stat. §§ 19.31–19.39
• Guidance & Resources: Wisconsin Department of Justice – Office of Open Government
• Enforcement Authority: Wisconsin Circuit Courts

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