Juvenile Retail Theft Conviction in Wisconsin

**bob4100** · 10-24-2007, 08:20 PM

Hi. First off I'm in Wisconsin.

20 years ago when I was something like 15 years old, I was arrested for shoplifting. Now I'm in the process of applying for jobs and many of them ask about criminal records (and misdemeanor convictions). My very foggy recollection is that my parents lawyer told me after this was over, that I would not have to disclose any juvenile convictions, but that if I was asked "if I had ever stolen," that I would have to answer that honestly.

Can anyone clear this up for me. I did lots of research and haven't gotten a satisfactory answer. I found some Sec. 938.396 in the Wisconsin code that seems to imply that juvenile records are not available except for I would assume extreme cases.

**Betty3** · 10-25-2007, 05:26 PM

Wisconsin: arrests - Employers may not ask applicants questions about prior arrests other than arrests for charges that are pending at the time of the interview. Employers are barred from making hiring decisions based on arrest records other than in circumstances involving caregiver positions & where the circumstances of the arrest are substantially related to the circumstances of the position for which the individual is being hired.
convictions - Employers are not prohibited from inquiring into prior convictions but are barred from making hiring decisions based on conviction records other than in circumstances involving caregiver positions & where the circumstances of the conviction are substantially related to the circumstances of the position for which the individual is being hired.

You just need to answer all questions on the employment application truthfully. (read how they are worded & answer appropiately)

**aaron** · 10-26-2007, 06:31 AM

According to the Wisconsin Department of Justice,

Quoting What Information is Available?

Wisconsin is an "open records" state. Wisconsin statute 19.35(3) provides that most records maintained by state and local government agencies are open to the general public for inspection. All adult criminal records in the CIB database are included in the open record rule. Juvenile records are confidential under s. 938.396 and will not be disclosed to the general public.

In many states, a juvenile is not 'convicted' of the charged offense, but is 'adjudicated', which is technically different from a conviction. It appears that Wisconsin follows that model.