Ron Christen says mistakes as a teenager led him to leave Wisconsin to find work in his field.

Mark says his criminal history left him no choice but to hire himself.
Both La Crosse men say their employment problems stem from Wisconsin’s Circuit Court Access Web site, which lets the public view their court records.

“It makes you out to be who you are now, not what you used to be, and that you can’t change,” Mark said. “And that’s not fair.”

The men say they’ve changed since they were charged with misdemeanors and felonies in their teens and 20s, but believe employers are using the court’s Web access to brand them as criminals and pass them by for jobs they’re otherwise qualified for.

“It declares you as guilty before innocent,” Mark said.

It’s clear that the site, commonly referred to as CCAP, is popular, with traffic peaking at 2 million to 3 million hits per day.

It’s also a popular stop for employers because it serves as a free initial background check, said Jean Bousquet, Wisconsin Court System chief information officer.

La Crosse employment attorney Ellen Frantz, who represents both employees and employers, said she’s heard of employers using the site as a screening tool but that discrimination lawsuits are rare.

“If, as an employer, as I think a number of them are, are using CCAP to help screen people, then it’s in their best interest to understand what those charges are but you have to always evaluate whether it’s something that’s substantially related to whatever job the person’s going to be doing for you,” Frantz said.

Both men say the discrimination from the site is hard to miss.

Christen, 30, said his criminal record — which includes disorderly conduct, possession of THC and criminal damage to property charges, dating from 1993 to 2004 — forced him to leave the state for Washington to gain work experience that could help him land a job in Wisconsin.

In the past year, Christen said he’s been denied at least five jobs because he’s confident employers see his record on WCCA.

He now works for a pizza chain.

Mark, 28, has a similar story of run-ins with the law. He said he’s left no choice but to start his own photography business and be his own boss. He didn’t want his real name printed for fear he will lose potential customers.

Mark said he’s been suddenly fired from decent jobs at La Crosse bars and restaurants after employers discovered his criminal background — one that includes criminal damage to property, battery and burglary in the past 10 years.

“I bet my application gets round filed into the trash can when they see the Web site,” Mark said.

And both believe they’ve paid the debt for their offenses.

But La Crosse public defender Elliot Levine said a debt may never be considered paid in certain circumstances.

“Your prior convictions will follow you along,” Levine said. “There’s an idea that when you’re off supervision, the offense won’t affect you anymore, but it can affect your employment, housing and ability to get loans.”

The court record Web site was launched in April 1999 and displays cases dating back to August 1982 in La Crosse County, Bousquet said.

It allows anyone to search for people, cases, civil judgments and court calendars. The records are available to the public under the state’s open record law and include histories of crimes in Wisconsin.

Once a case is filed in court, it will appear on the site, even if it is settled, dismissed or if a defendant is found not guilty. Information will stay on the site for 10 to 75 years.

Have multiple drunken driving offenses?

They’re on there.

Busted for stealing?

It’s on there, too.

Believe you were wrongly accused of aggravated assault? It’s still there.

The site states that it is a historical record and displays the events of each case filed, and also tells employers they can only refuse to hire a qualified applicant if the conviction is substantially related to the position.

But the law does not define substantially related, according to the Wisconsin Department of Workforce Development.

The department further states that “whether the crime is an upsetting one may have nothing to do with whether it is substantially related to a particular job.”

It is important an employer ask about the circumstances of a conviction during an interview, according to the department. If the employer determines a substantial relationship, the potential employee may be refused the position, but the employer should be prepared to defend their decision if the applicant files a complaint, according to the organization.

If an employer discriminates against a potential or current employee, penalties include hiring the applicant or re-rehiring the employee, back pay and reimbursement of attorney fees, Frantz said.

Substantial relationship aside, others problems exist when employers use WCCA as an employee screening tool and it’s important an employer not immediately dismiss a potential employee when a name is entered into the Web site, Bousquet said.

Potential employees could share their name with a convicted felon and it’s difficult to distinguish between the two without a birth date, Bousquet said.

When a person’s name is entered and an offense is listed, the offense is not necessarily what the person was found guilty of. Users should access another screen to research the court proceedings.

Employers often don’t understand a potential employee’s offense, Bousquet said. A charge of disorderly conduct could be anything from swearing to just short of battery, said La Crosse County District Attorney Scott Horne.

“Users, in general, are not court savvy and they have problems understanding the offenses and the Web site,” Bousquet said.

And even if an employer understands the charge itself, they still don’t know the circumstances that led to offense, Frantz said.

WCCA is a valuable resource tool for attorneys, law enforcement and the media.

Horne said the site allows prosecutors to access up-to-date, accurate information.

“When we charge people, we need to know their criminal history statewide,” he said.

Horne said the state has recognized the improper use of the Web site raised by those who struggle to find employment. A state committee was created to examine the site and send improvement suggestions to the state supreme court.

“I think it’s a terrific tool, but like any tool, it can be misused,” Horne said.

Mark agrees that certain professions need the site as a resource tool and that community members need to know about some offenses.

“The community needs to know who is a sex offender and a violent criminal,” Mark said. “But they don’t need to know everything about everyone.”

The Web site

http://wcca.wicourts.gov/

How it works

1. Read the user agreement and hit the “I agree” button.

2. Enter the person’s first and last name and middle initial if available and hit “Search.”

3. If the person has a record, the next screen will display the cases. For information on the case, click on the case number link in the left column.

4. The next page will display personal information and charges at the top of the page. Scroll down to find the outcome.

5. Scroll to the top of the page and click the “Court Records Events” button in the upper right hand corner

6. The next page will display any charging dates, court actions, pleas entered by the defendant, and outcomes.

Got a complaint?

Anyone who believes incorrect information is listed on Wisconsin’s Circuit Court Access should contact the clerk of circuit court where the record was filed.

Changes coming

Adjusting a defendant’s offense page so the charge a person was found guilty of will be the charge that appears, as opposed to the initial charge, which is often more severe. The original charge will be found under the court events link.

Adding a disclaimer for employers to each case summary page.

Making forms available for victims of mistaken identity or identity theft.

Adding a glossary of court terms and offenses.

SOURCE: Jean Bousquet, Wisconsin Court System chief information officer

In Minnesota

Minnesota is establishing a similar Web site that is scheduled to be running next year, a Minnesota Judicial Branch spokesman said.

What case types mean

Case numbers on Wisconsin’s Court Access system include abbreviations for the following types of crimes:

CF — Criminal 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 nonpayment 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 nonpayment 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 $5,000, 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: 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.

HL — Hospital lien: A claim by a hospital for nonpayment 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 the Department of Transportation 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 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 DWD.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

Source: Wisconsin Circuit Court Assess Web site

Anne Jungen can be reached at (608) 791-8224 or ajungen@lacrossetribune.com.

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