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  • InsideTrack
    February 11, 2026
  • February 11, 2026

    Legal Research: Do This Before You Submit a Public Records Request

    Making a public records request can take some time and may even incur some costs. What if you can find that record yourself? Law librarian Franky Newcomb gives tips on where to look to find the information you need – before making a formal public records request.

    By Franky Newcomb

    stock photo

    Feb. 11, 2026 – Local, state, and federal entities produce records about nearly every aspect of public life. These records often include information about a government’s activities and decisions, its finances, and the individuals and businesses who interact with that government.

    Public records research can prove tricky and may require a public records request. In her recent article, law librarian Carol Hassler provides practical tools and strategies for requesting government records.

    However, the record requesting process can sometimes be lengthy and even costly, and some public records are already available through searchable databases. Many public records can be found without needing to make a request. It’s well worth a researcher’s time to check out a few of these sources and approaches before hitting “send” on that request.

    Finding Legitimate Websites

    Have you ever tried to Google a mysterious number from a missed call, and in only a few clicks find yourself on a shady website asking for your credit card information? While some legitimate public records databases are behind a pay​wall, it’s important both for your data’s security and your public record’s accuracy that you are searching on a reputable website.

    Franky Newcomb Franky Newcomb is a reference and instructional services librarian at Marquette University Law School. They are a current member of the Law Librarians Association of Wisconsin.

    The Wisconsin State Law Library maintains a list of legitimate websites for background checks, criminal records, vital records, and much more.

    Agency websites are often the best and most trustworthy source of public records. They typically include guidance documents and publications, hearing or investigation decisions, public meeting notices, along with a host of additional information specific to each agency.

    For a list of Wisconsin agencies and links to their websites, search or browse the list of agencies compiled on Wisconsin.gov.

    It’s worth also considering whether the records you are interested in may be held by a county, city, town, or village. For example, the Milwaukee County Public Records webpage hosts information about its own policies and procedures, ethics board, real estate records, and vital records.

    Searching Historical Records

    Some older public records may not be available even through a public records request because they may have been destroyed or were archived during routine records maintenance.

    You can learn more about the preservation of Wisconsin state records, the orderly disposition of state records that have come to the end of their life, and the management of records by state agencies by visiting the Wisconsin Public Records Board website. The website includes general records schedules as well as policy and governance documents. Checking records schedules may tell you whether the records are too old to be available through a public records request.

    For historical records, try searching the Wisconsin Historical Society’s State Archives and Wisconsin Government Publications collection. This program seeks to collect, catalog, and make available records and publications of permanent value created by Wisconsin state agencies and local units of government. Some records are only available by visiting in person, but the Wisconsin Historical Society now has an Electronic Records Portal (WERP) which provides online access to public records.

    Using ‘Reading Rooms’

    The Freedom of Information Act (FOIA), the federal parallel to the Wisconsin Open Records Act, requires agencies make available records that have been disclosed in response to a FOIA request that “the agency determines have become or are likely to become the subject of subsequent requests for substantially the same records.” These records are often housed on the agency website’s “reading room.” A compilation of Electronic FOIA reading rooms are available on the FOIA Advisor website.

    The Wisconsin statute doesn’t have a similar requirement to make records available that are likely to be the subject of subsequent requests.

    However, the Wisconsin Department of Justice posts specific responses to public records requests that may be of significant public interest on its website. Currently, requests from 2017-19 and 2024 are included.

    On a separate webpage, the agency posts records related to Officer Involved Critical Incidents and certain other investigations conducted by the Wisconsin Department of Justice Division of Criminal Investigation.

    More Guidance on Making a Public Records Request

    Find more information about making – and responding – to public records requests in Wisconsin Public Records and Open Meetings Handbookfrom State Bar of Wisconsin PINNACLE®.

    Here’s a tip if you’re making a request: “A request should include sufficient specificity so the custodian does not have to guess at what the requester is seeking. Seifert v. School Dist. of Sheboygan Falls, 2007 WI App 207, ¶ 42, 305 Wis. 2d 582, 740 N.W.2d 177” [§ 2.3].

    And “a record requester must give the records custodian reasonable latitude in the time to respond to a complex request. WIREdata, Inc. v. Village of Sussex (WIREdata II), 2008 WI 69, ¶ 56, 310 Wis. 2d 397, 751 N.W.2d 736” [§ 2.8].

    The Handbook thoroughly explores Wisconsin’s laws on public records and open meetings. See more about the Handbook on WisBar.org’s Marketplace.

    You may also find further guidance in the CLE program “Public Records, Open Meetings Update 2025” from PINNACLE. This 4.0 CLE OnDemand program discusses recent key court decisions weighing the public’s right to know against individual privacy. It includes a discussion on recognizing when counsel should get involved in the records request process, among other topics.

    If You Still Haven’t Found That Record

    You may need to submit a public records request to access the records you are looking for. In that case, be sure to make the request to the relevant public records custodian at the correct agency.

    The Wisconsin Department of Administration maintains a list of contact information for cabinet agency records custodians. For other state agencies, information on making a public records request can usually be found on the agency’s website.

    For records from federal agencies, FOIA.gov is a treasure trove. The website includes information about the process, a search tool for identifying which federal agency might have the information you seek, and a list of agencies. For each agency, you can find records custodian contact information, links to the agency’s website and FOIA library, and average processing time for requests.

    Need Help? Ask a Law Librarian

    Got questions about researching public records? Don’t hesitate to reach out to a friendly law librarian – we’re experts at navigating the ins and outs of legal research and are happy to help! You can find law librarians ready to assist you at these Wisconsin libraries:


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