Will my restraining order show up on a Criminal History Records Check?
Can a restraining order prevent you from finding new employment? Does a temporary restraining order appear in background checks? What can I do?
We have the answers below
Yes and no. It all depends on how intensive is the employer’s background check, your state’s policies and type of restraining order. In general, each state decides how to handle the publicity and all restraining orders meaning, the rules may alter depending on where you live. After reading this article, please be sure to check on your state’s regulations for confirmation.
In most states, there are two kinds of restraining orders: criminal and civil. The criminal restraining order is for domestic violence and other similar cases while the civil restraining order is for the non-violent, family-based cases. Restraining orders can be temporary or permanent and can last anywhere from a few days to five years
Usually, only criminal based matters appear in a background check. A restraining order based on violence, for example, can affect your chances of working in law enforcement or other positions that may need a security clearance and/or carry a firearm.
But please don’t forget, all restraining orders will appear in the Statewide Domestic Violence Registry. It does not matter if the date of a temporary order expired, all restraining orders will be published and filed as a public document without your consent. If at one point you violated your restraining order, more likely it will be reported and filed. But if you were not charged with a crime, your temporary/permanent restraining order should not appear in an employment or even criminal background check.
Having a domestic violence restraining order is not an actual crime– you can rent an apartment without fear of rejection as long as it’s 100 yards away from the person who filed the order. A restraining order can not also affect your credit score.
Unfortunately, many people tend to misunderstand the process and purpose of a typical background. Most background checks are to see if you had any arrests and/or criminal convictions. The point is not to find your every secret but to check if there are any criminal history. Now if you have a permanent restraining order that ties into civil court records, it is possible for the order to appear in a background check. All restraining orders will also appear in police checks and military security clearances. On the bright side, you should be able to rent homes without worrying if your order may ruin your chances, given if you are more than 100 yards awhile from the person who filed the order. If you are concerned about restraining orders and have questions, please feel free to contact us.
Contact Jones Brown Law
Domestic abuse, harassment, and stalking are all very serious matters. If you wish to file a protective order for yourself or for your child, the experienced family lawyers of Jones Brown Law can assist you through each step. If you’re facing a situation where you need a family law attorney, you need someone who understands not only the legal complexities of the issues but also understands the emotions and personal feelings of everyone involved. To contact Jones Brown Law, click HERE.