KIRK OBEAR ATTORNEY AT LAW

610 Riverfront Drive  Sheboygan,  Wisconsin  920-395-2200  info@kirkobear.com

CCAP (WCCA) FREQUENTLY ASKED QUESTIONS

Have you discovered information about your legal past on the internet?  Thanks to the Wisconsin Open Records Law all court matters are now public information.

Click here to read an article about proposed legislation that would allow the removal of dismissed and/or acquitted charges from CCAP

What is CCAP?
CCAP stands for Consolidated Court Automation Programs and is part of Wisconsin Circuit Court Access, a database of court records made available to the public by the Wisconsin Open Records Law.

What is the Wisconsin Open Records Law?
The public policy of Wisconsin state government is that all persons are entitled to the greatest possible information regarding the affairs of government and its official acts. Wis. Statute 19.31. Circuit court records are open for public inspection, Wis. Stats. 59.20(3), unless closed by a statute, a common law limitation, or a specific court order.

My case was dismissed. Why is it still showing up on WCCA?
WCCA is a mirror of the historical record in the Clerk of Court's office. As a historical record, it shows what has happened in every case filed. If a case is dismissed, or a person is found "not guilty" in a criminal case, that is part of the historical record and is disclosed in the records.

Do cases settled out of court display on WCCA?
Once a case is filed with the court, it will display on WCCA, even if the case was settled.

Why are some cases not available on WCCA?
There are several reasons why a case may not be available on WCCA:
Some older cases were not included when the circuit court in a county automated its records. How far back WCCA records go differs by county. See When counties began using CCAP.
Case types such as adoptions, mental commitments, and juvenile cases are confidential by law and so are not shown on WCCA.
A judge may order a misdemeanor case to be expunged if the convicted offender is under age 21. This order will delete all court records of the case included on WCCA.

Can I have my address removed from a case on WCCA?
A person whose address displays on WCCA in a non-criminal case can petition the court to remove their address information from the online record for safety reasons. In order for the address to be removed, you must show the court that there is a demonstrated potential of physical or bodily harm or a threat of harm to you, a family member or a member of your household at that address.
If you would like to petition the court to remove your address from WCCA, complete a Petition, Affidavit and Order Concerning Removal of Address Information from Online Records (GF-183). This form can be found in the forms section of the Wisconsin Court System website at www.wicourts.gov or by clicking on the link at the bottom of this page. This form has instructions printed on it that will assist you in completing the form. You must submit a separate Petition for each case number in which you wish to have the address removed.
Once you have completed the Petition, take it to the clerk of circuit courts office in the county where the case was filed. A judge will review your Petition. If your Petition is granted, the address information will be removed from the online (CCAP/WCCA) case record. This Petition will not remove the address from the paper file. If you would like your address sealed in the paper file, you must make a general motion to the court to seal your address in the paper court record.

I don't want my private information on WCCA. How can I get it removed?
You probably can't get rid of this information. Wisconsin has a strong open records law [ Wis. Stats. 19.31-19.39 ] that requires most court records to be open. Personal information appearing in court records is protected by statutes only in limited circumstances. According to Wisconsin court cases, even if the information may be harmful to an individual's reputation or privacy, that is not enough to allow a judge to seal a court record. However, if you feel your safety is at risk, you can petition the court to remove your address from the online record of a non-criminal case.

Does expunction remove my case from everywhere?
No. Even under the limited circumstances described above, a judge can only order expunction of the court's record. The Wisconsin Crime Information Bureau also keeps criminal records. The case may still exist in the records of the District Attorney, other law enforcement records, the Department of Transportation and other places. The judge has no authority to require removal of those records.

I don't want my criminal case on WCCA. How can I get it removed?
You probably can't. Wisconsin law allows a judge to "expunge" a case in only two situations, both involving youthful offenders:

Misdemeanors committed by a person under 21. If the judge ordered expunction upon successful completion of the sentence, the record can be expunged. See §973.015, Wis. Stats.
Adjudication of a juvenile delinquent. A juvenile who has been adjudged delinquent can, upon reaching age 17, petition the judge for expunction of the juvenile adjudication. See §938.355, Wis. Stats. However, WCCA does not display juvenile adjudications because they are not public records.
An expunged case is sealed by the clerk of court and is available to be viewed only with a court order. If the judge properly orders a case expunged, any reference to it will be removed from WCCA. A judge has no other authority or power to expunge cases, and there are no similar provisions for other types of cases.

Who do I contact if the data displayed on this web site is incorrect?
Errors on the Wisconsin Circuit Court Access (WCCA) Internet Site result from an error in the underlying court record in the county responsible for the case. To correct an error or update a record, you must contact the court official in the county responsible for the case, usually the clerk of circuit court or circuit court judge.

Could you describe what the different case types mean?

CF - Felony - a crime punishable by imprisonment in the Wisconsin state prisons and / or a fine
CI - Commitment of an Inmate - a case with a petition alleging that a person is a sexually violent person
CL - Construction Lien - a claim on property for non-payment of work that improved the property
CM - Misdemeanor - a crime punishable by a fine and / or confinement in a local jail, but not by imprisonment in the Wisconsin state prisons
CO - Condominium Lien - a claim on a condominium unit for the owner's non-payment of assessments for common expenses
CT - Criminal Traffic - a misdemeanor offense involving the operation of a motor vehicle
CV - Civil - typically, lawsuits seeking claims in excess of $5000, but also such actions as restraining orders, appeals from municipal court and administrative agency decisions, name changes, etc.
CX - Complex Forfeiture - A forfeiture action that requires access to the rules of civil procedure and which is punishable by a forfeiture of money.
FA - Family - divorce, legal separation, annulment, custody, child support, maintenance, property division, or the enforcement or modification of an order affecting the family
FJ - Foreign Judgment - a judgment or order of a court from a different state, a federal court outside Wisconsin, a municipal court of another county, or a tribal court; treated as if ordered by a Wisconsin circuit court.
FO - Non Traffic Ordinance Violation - a violation, unrelated to the operation of a motor vehicle, punishable by the forfeiture of money
GF - Group File - a category for maintaining documents that are not specifically case-related
HL - Hospital Lien - a claim by a hospital for non-payment of services provided to an injured person. The claim is on a judgment, award, settlement, etc. that the injured person may have against the person responsible for the injury.
HT - Habitual Traffic - No longer available for use. A petition claiming a person is not the person identified by DOT as a habitual traffic offender is now filed as a CV case.
IN - Informal Probate - a typical probate matter in which no issues are contested and a deceased person's estate is administratively handled by the probate registrar instead of by the court
IP - Incarcerated Person - a case with a petition submitted by a prisoner who wants to begin an action without prepaying court costs and fees
JD - John Doe - a proceeding under WI Stats. 968.26 to determine whether a crime has been committed. For clerical convenience, this case type also includes the filing of complaints under WI Stats. 968.02(3) and coroners' inquests under WI Stats. 979.04.
JJ - Juvenile Judgment - a judgment against a juvenile for unpaid debt, typically restitution
JT - Joint Tenancy - No longer available for use. A statement filed with the Register in Probate that results in the termination of a decedent's interest in joint property is filed as a PR case.
ML - Mechanics Lien - No longer available for use. A mechanics lien is not required to be filed with the clerk of circuit court.
OL - Other Lien - claims not specifically identified by the other lien case types and include such claims as environmental liens, mining liens, quarry labor liens, etc.
PA - Paternity - Post judgment actions in paternity cases, such as support and custody. Pre judgment information concerning the determination of paternity is confidential and is not available to the public.
PR - Probate - formal probate (in which issues are contested and a deceased person's estate is supervised by the court) and such other probate-related actions as the summary settlement of small estates, the termination of joint tenancy, etc.
SC - Small Claims - lawsuits seeking claims of less than $5000, evictions, and replevin actions (the repossession of property)
TC - Tribal Court Order - a judgment, decision, or order of an Indian tribal court in Wisconsin that is treated as if it had been issued by a Wisconsin state court
TJ - Transcript of Judgment - a judgment or order from another Wisconsin circuit court, a Wisconsin appellate court, a federal court in Wisconsin, or a municipal court in that county; treated as if ordered by the circuit court in the county where it's filed.
TR - Traffic Forfeiture - a violation, related to the operation of a motor vehicle, punishable by the forfeiture of money
TW - Tax Warrant - a warrant issued by the Wisconsin Department of Revenue for failure to pay income or franchise tax when due. This warrant has the same effect as a judgment granted by the court.
UC - Unemployment Compensation - a warrant issued by the Wisconsin Department of Workforce Development for an employer's failure to pay contributions, interest, or fees. This warrant has the same effect as a judgment granted by a court.
WC - Workers Compensation - an award issued by the Wisconsin Department of Workforce Development.This award has the same effect as a judgment granted by a court
WL - Will Filed - a will filed with the court for safekeeping during a person's lifetime

 
Where can I find definitions for some of the legal terms used in court records?
The Wisconsin News Reporters Handbook, chapter 6, has a good glossary of terms commonly used in Wisconsin courts. You can find it online here. You can also check the Wisconsin State Law Library web site for legal dictionaries and general legal information.

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610 Riverfront Drive  Sheboygan, Wisconsin   53081
info@kirkobear.com

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