Members of the public could have a more difficult time obtaining court records under a proposed bill to restrict information displayed on the state’s popular online court records database, a proposal set for its first committee hearings Thursday.
The bill would limit the records available to the public through Wisconsin Circuit Court Access, the online database offered through Consolidated Court Access Programs that provides free access about any civil and criminal cases filed in Wisconsin Circuit Courts. Under the proposal, the public would no longer be able to see pending cases, cases in which the defendant was acquitted or eviction and restraining orders when using the database.
Rep. Evan Goyke, D-Milwaukee, said because currently cases where the charges were cleared are still listed on the website, many of his constituents are concerned there is no process in place to remove those records from the search.
Goyke, one of the bill’s sponsors, said he is concerned someone will search the database, see the person was charged for something and then not dig any deeper into the details of the case.
“I heard from dozens and dozens and dozens of my constituents that are held back from entering the workforce or progressing in the workforce because of things that are found online,” Goyke said. “That electronic footprint is available to the general public always; I thought it was something that needs addressing.”
He added all the records would still be available on a separate database viewable by the media, judges, court officials and lawyers. The paper copy of all records will still be accessible by the public, he said.
Opponents of the bill argue the legislation would restrict access to valuable information for the public.
The Wisconsin Freedom of Information Council is one of the groups set to testify against the bill when it is presented to the Assembly Judiciary Committee on Thursday.
“WFIC opposes restricting public access on WCCA,” President Bill Lueders said. “We feel the public has a right to this information.”
The records found on the database have always been public information through CCAP, and the potential for people to misuse it has always existed, Lueders said. People will still have access to the records and can use it to discriminate on jobs, among other things, he said.
The bill will not solve the problem the legislators are trying to solve, Lueders said.
However, Lueders said the council is supportive of one provision of the bill. One clause requires landlords, employers or someone running any other public accommodations to disclose whether they used the database when screening applicants, he said.
“We think that’s a good idea,” Lueders said. “People have the right to know if [WCCA] is being consulted.”
Goyke said he does not expect the bill to pass in its current form and is open to making changes. He said the main goal is to retain the provision of the bill allowing citizens to petition for the removal of a record in which they were acquitted from the online database.
