Friday, November 26, 2010

Committee Decides Dismissed Charges Will Stay on CCAP

The committee that manages the Consolidated Court Automation Programs (CCAP) has decided that Wisconsin court clerks must post all dismissed charges on CCAP. CCAP has been the center of much attention and potential legislation as many Wisconsin residents with CCAP entries feel they have been harmed by having an entry even though their criminal charge(s) or civil suit was dimissed, which employers, landlords and all others can readily see. Milwaukee County Clerk of Court John Barrett voiced huge concern with this decision:
“If every crazy charge is out there, are we somehow being unfair to people?” Barrett said. “Does this adversely impact individuals?”

Barrett finally agreed that more information is better, but said he wanted to include disclaimers on the case sites explaining why charges were amended. Bousquet asked him if he would help draft such language.

He agreed and in the end the committee voted unanimously to list all the charges.
It's great that Wisconsin is one of a few states that provide for arrest and conviction record discrimination protection but it's somewhat ironic that CCAP exist to make it somewhat easier for employers to discriminate against potential employees by readily accessing an applicant's court history. People get brought up on bogus charges all the time and usually the matters get dismissed by CCAP leaves that person with a long-lasting scar and tarnished reputation online.

Enochs Law Firm

1 comment:

  1. "It is often very difficult to prove an employer's intent in most discrimination actions in employment law, especially in arrest and conviction record discrimination cases."

    "often difficult", are you kidding me!!??? It's (no pun intended) 'IMPOSSIBLE' TO PROVE IT!!

    WAKE UP WISCONSIN! THE CCAP WEBSITE IS UNCONSTITUTIONAL BECAUSE IT PLACES A WI CITIZEN BELOW ALL OTHER CITIZENS IN OTHER STATES IN COMPARISON TO THE RIGHT TO PRIVACY.

    CCAP'S EXISTENCE IS DISCRIMINATORY AND TOTALLY OBLITERATES WI CITIZEN'S RIGHT TO DUE PROCESS IN THIS STATE. IT SIMPLY DOESN'T EXIST BECAUSE OF THE EXISTENCE OF CCAP.

    IT IS ALSO USED BY OTHER STATES COMPANIES/CORPORATION TO DISCRIMINATE IN HIRING PRACTICES, ETC.

    IF YOU JUST SIMPLY TAKE A MOMENT TO THINK ABOUT IT WHAT I AM SAYING IS TRUE. THE EXISTENCE OF THE WEBSITE ALSO TOTALLY WIPES OUT THE FORMER PRESIDENT'S LAW, 'THE SECOND CHANCE ACT'. THIS LAW SIMPLY DOESN'T EXIST IN THIS STATE.

    OK, SAY A PERSON CANNOT FIND A JOB BECAUSE OF A FELONY CONVICTION ON HIS/HER RECORD THAT IS POSTED ON THE CCAP WEBSITE.

    OK, NOW IN THIS ARTICLE YOU'RE SAYING OVER THE PAST NINETEEN YEARS SINCE THE WEBSITE'S EXISTENCE AND ALL THE DAMAGE IT HAS DONE TO PEOPLE'S LIVES IT'S ALL GOING TO BE SOLVED OR REMEDIED BY SOME BOGUS EMPLOYMENT LAWS WHICH CAN'T BE ENFORCED ANYWAY?? DA!!

    OK, I'M GOING TO GO OUT AND HIRE A LAWYER TO REPRESENT ME TO FILE A COMPLAINT AGAINST THE PAST TWO EMPLOYERS THAT WRONGFULLY DISCHARGED ME, A FORTUNE 200 & 100 COMPANY. YEAH, RIGHT. WHAT MONEY DO I HAVE TO PAY FOR A RETAINER FEE IF I CAN'T FIND A JOB??

    DOES ANY OF THIS MAKE SENSE TO ANYONE YET!!!

    P.Mackenzie

    ReplyDelete