Wisconsin DSPS Guard Card Application Disqualifiers, Convictions, and Appeal Process
Contents
- Will the DPS tell me if I qualify for a Security Guard registration before I apply?
- I have a conviction on my record
- I have a felony conviction on my record
- Frequently Asked Questions
Source:
2252 Instructions for Completing Convictions and Pending Charges
2687 Authorization for Release of FBI Information
Will the DSPS tell me if I qualify for a Security Guard registration before I apply?
Yes.
If you are seeking a predetermination of your conviction record to obtain a credential for a private security person, private detective, firearms certifier, juvenile martial arts instructor, licensed/certified real estate appraiser, registered/licensed practical nurse (multi-state only), wholesale distributor designated representative, or the interstate medical licensure compact privilege, you will receive instructions on how to obtain fingerprints after the Department receives this application and a signed Form 2687.
NOTE: Only submit this application if you have been convicted of a felony, misdemeanor, or other violations of federal, state, or local law, including municipal ordinances, in this state or any other and seek a determination whether your conviction record would disqualify you from obtaining a particular credential.
If you submit this application and receive a favorable predetermination decision (i.e., that your conviction record would not disqualify you from obtaining a particular credential), you will not be required to submit additional information related to those convictions (such as personal statements or court documents) with your application. However, if you have any new convictions or pending charges since the date of your favorable predetermination decision, you will be required to submit all required documentation for each new conviction or pending charge with your application.
IMPORTANT NOTICE: Assuming you receive a favorable predetermination decision and you apply for a credential, you will only need to pay the difference of the predetermination application fee and the initial credential fee when you apply for a credential if you apply within 1 (one) year of the predetermination decision. For example, if the $68 predetermination fee is paid and the initial credential fee is $75, you will owe another $7 for the initial credential fee. This does not include any fees for exams or subsequent background check fees.
I have a conviction on my record
If an applicant has been convicted of one or more misdemeanor or other violations or has pending charges, and if the Department determines that the crimes or violations are substantially related to the practice of a private detective, the Department will not grant a license until it has received sufficient information to determine whether the license should be granted, denied or limited. It is the responsibility of the applicant to provide complete information to the Department. Applications are deemed complete after submission of all relevant background information by the applicant. A certified copy of the police report, criminal complaint, and judgment of conviction is required for each conviction. If an applicant was EVER convicted of a felony in Wisconsin or any other state and not pardoned, the applicant's application will be denied. There are no exceptions.
If you have an arrest (pending charges) record or a conviction record, complete this form (Form 2252) and return it with your application, application fee, and an additional $8.00 conviction review fee. If you obtained fingerprints as a requirement for your application, you do not need to submit the $8.00 fee. Please consult the “Frequently Asked Questions” on page ii for more information on completing this form.
If you have pending charges, see page 2 for a list of required documents. If you have convictions, list all felonies, misdemeanors, and other violations of federal, state, or local law, including municipal ordinances, for which you have ever been convicted, in this state or any other. This includes convictions resulting from a plea of no contest, a guilty plea, or verdict. For each conviction, list the type of offense, date, and location. You do not need to report dismissed charges. If you discover the required documents are not available after contacting the appropriate agency/police department, and/or court, please indicate this in a personal statement and submit the personal statement to the Department, along with any documentation that is available and a letter from the appropriate agency/police department, and/or court records custodian confirming the unavailability of the records.
The Fair Employment Act (Wis. Stat. § 111.31-111.395) prohibits employment discrimination on the basis of conviction record or arrest record unless the circumstances of the conviction or arrest substantially relate to the circumstances of the particular job or licensed activity. The information requested on this form will be used to determine whether your application should be granted, approved with limitations, or denied. The information you provide on this form may be verified against criminal information records. Omission of information on this form may be considered a false statement on an application.
I have a felony conviction on my record
All applicants will be required to answer questions on the application form about convictions of any crime, other violations and pending charges in Wisconsin or any other state. The Department will obtain a state and federal criminal records search on all applicants. If any applicant was ever convicted of a felony in Wisconsin or any other state and not pardoned, the applicant's application will be denied. There are no exceptions.
Frequently Asked Questions
If my conviction was expunged, do I need to report or submit anything?
Technically, there was a conviction at one point in time; therefore, you need to disclose the conviction and provide all documents required. Also, include a court document stating the conviction was expunged.
What do I do if records are no longer available due to the length of time that has passed since the conviction?
Include a personal statement describing each offense along with an explanation of the penalties imposed and verification that you completed all requirements. State that the records are no longer available in your personal statement and include a letter from the appropriate agency/police department, and/or court records custodian confirming the unavailability of the records.
Do I need to report or submit anything about minor traffic violations, e.g., a speeding ticket?
There is no need to disclose most traffic violations, however, any traffic violation that involves alcohol (including convictions for operating while intoxicated) or other drug use, must be disclosed.
How long does it take to review these documents?
The time period for conviction review varies depending on whether all information is complete, all documentation is received, and/or whether it needs to be reviewed by a licensing Board attached to the Department, etc.
What are certified court records and where do I get them?
These are records certified as true and correct by the Office of the Clerk of Courts and may include judgment of conviction, police report/incident report/criminal complaint, court-ordered assessment report, etc.
Records may be obtained from the Office of the Clerk of Courts in the county in which your case was heard or the relevant police department.
If I was underage at the time of the offense, do I need to report or submit anything?
If you were convicted in adult court, report the conviction and submit all court documents and verification that you have complied with all requirements. Any conviction received in adult court involving alcohol (including convictions for operating while intoxicated) or other drug use, must be disclosed.