Will a Restraining Order Show Up on a Background Check? Explained

Restraining orders are legal orders that are issued by a court to protect an individual from another person’s abusive or threatening behavior. They are commonly issued in situations of domestic violence, harassment, or stalking. If you are wondering whether a restraining order will show up on a background check, the answer is that it depends on several factors.

The type of background check being conducted, the nature of the restraining order, and the purpose of the background check are all factors that can determine whether a restraining order will show up on a background check. For example, a criminal background check is more likely to reveal a restraining order than a civil background check. Similarly, a background check for a job that involves working with vulnerable populations, such as children or the elderly, is more likely to reveal a restraining order than a background check for a job that does not involve such responsibilities.

Key Takeaways

  • Whether a restraining order shows up on a background check depends on several factors, including the type of background check being conducted and the nature of the restraining order.
  • A criminal background check is more likely to reveal a restraining order than a civil background check.
  • A background check for a job that involves working with vulnerable populations is more likely to reveal a restraining order than a background check for a job that does not involve such responsibilities.

Understanding Restraining Orders

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What is a Restraining Order?

A restraining order is a legal document that prohibits an individual from contacting or approaching another individual. It is typically used to protect victims of domestic violence, harassment, stalking, or other types of abuse. A restraining order can be issued by a court and may include specific provisions such as requiring the restrained person to stay a certain distance away from the protected person, prohibiting any form of communication, or requiring the restrained person to move out of a shared residence.

Types of Restraining Orders

There are different types of restraining orders, and each type serves a specific purpose. Here are some common types of restraining orders:

  • Domestic Violence Restraining Order: This type of restraining order is issued to protect victims of domestic violence, abuse, or threats of violence from a spouse, partner, or family member.
  • Civil Harassment Restraining Order: This type of restraining order is issued to protect victims of harassment, stalking, or threats of violence from someone who is not a family member or intimate partner.
  • Elder or Dependent Adult Abuse Restraining Order: This type of restraining order is issued to protect elderly or dependent adults from abuse, neglect, or exploitation.
  • Workplace Violence Restraining Order: This type of restraining order is issued to protect employees from violence, harassment, or threats of violence in the workplace.

It is important to note that the specific terms of a restraining order can vary depending on the circumstances and jurisdiction in which it was issued. Additionally, the duration of a restraining order can also vary, ranging from a few weeks to several years.

Overall, restraining orders can be an effective tool for protecting individuals from abuse and harassment. However, it is important to understand the specific terms and limitations of a restraining order and to seek legal advice if needed.

Background Checks Explained

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What is a Background Check?

A background check is a process of verifying the accuracy of information provided by an individual on their job application or other documents. The goal of a background check is to ensure that the individual is trustworthy, reliable, and suitable for the position they are applying for. Employers may conduct background checks to assess an applicant’s criminal history, employment history, education, credit history, and other relevant information.

Types of Background Checks

There are several types of background checks that employers may conduct depending on the position and industry. Some of the most common types of background checks include:

  • Criminal background check: This type of background check involves searching for criminal records in federal, state, and county databases. It may include searching for felony and misdemeanor convictions, as well as pending criminal cases.

  • Employment history check: This type of background check involves verifying an applicant’s employment history, including job titles, dates of employment, and reasons for leaving previous jobs.

  • Education check: This type of background check involves verifying an applicant’s educational credentials, such as degrees and certifications, with the educational institution.

  • Credit check: This type of background check involves reviewing an applicant’s credit report to assess their financial history, including payment history, outstanding debts, and bankruptcies.

  • Reference check: This type of background check involves contacting an applicant’s references to verify their employment history, skills, and character.

Whether or not a restraining order will show up on a background check depends on several factors, including the type of background check being conducted and the nature of the restraining order itself.

Restraining Order on a Background Check

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When someone files for a restraining order, they may wonder if it will show up on a background check. The answer is that it depends on the type of background check being conducted.

Criminal Background Check

If a restraining order is related to a criminal case, then it will likely show up on a criminal background check. This is because criminal background checks are designed to reveal any criminal history, including arrests, convictions, and court orders.

Employment Background Check

For most jobs, a standard employment background check will not reveal a restraining order. However, if the job requires a security clearance or involves working with vulnerable populations, such as children or the elderly, then a more thorough background check may be conducted. In those cases, a restraining order may show up on the background check.

Housing Background Check

When applying for housing, a landlord may conduct a background check to determine if the applicant is a suitable tenant. This background check may include a search for any court orders, including restraining orders. However, it is important to note that a landlord cannot deny housing based solely on the fact that the applicant has a restraining order against them.

Overall, whether or not a restraining order will show up on a background check depends on the type of background check being conducted. It is important to understand what type of background check is being performed and what information may be revealed.

Implications of a Restraining Order on a Background Check

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When a person has a restraining order filed against them, it can have significant implications on their life, including their ability to obtain employment, housing, and personal relationships. In this section, we will explore the various ways in which a restraining order can impact a background check.

Employment Opportunities

A restraining order can impact a person’s employment opportunities in several ways. First, many employers conduct background checks on potential employees, and a restraining order may appear on these checks. While the presence of a restraining order does not necessarily mean that a person is violent, it may raise concerns for employers about the potential risks they pose to other employees or customers.

Additionally, some professions, such as law enforcement or childcare, require individuals to pass a thorough background check. A restraining order may disqualify a person from these positions, as it may be seen as an indicator of potential violent behavior.

Housing Applications

When applying for housing, landlords often conduct background checks on potential tenants. A restraining order may appear on these checks, and it may impact a person’s ability to obtain housing. Landlords may view the presence of a restraining order as an indicator of potential violent behavior, and they may be hesitant to rent to someone who they perceive as a risk to other tenants or the property.

Personal Relationships

A restraining order can also impact a person’s personal relationships. If a person has a restraining order filed against them, it may impact their ability to maintain relationships with family members, friends, or romantic partners. The presence of a restraining order may make others hesitant to associate with the person, as they may perceive them as a risk to their safety.

In conclusion, a restraining order can have significant implications on a person’s life, including their ability to obtain employment, housing, and personal relationships. While the presence of a restraining order does not necessarily mean that a person is violent, it may raise concerns for others about the potential risks they pose.

Removing a Restraining Order from a Background Check

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If an individual has a restraining order against them, it may appear on a background check, which can impact their ability to secure employment, housing, or other opportunities. However, it may be possible to remove a restraining order from a background check through legal procedures.

Legal Procedures

The legal procedures for removing a restraining order from a background check vary by state. In some states, a restraining order can be expunged, which means it is removed from a person’s record entirely. In other states, a restraining order may be sealed, which means it is still on record but cannot be accessed by the public.

To have a restraining order expunged or sealed, an individual must typically file a petition with the court that issued the order. They may need to provide evidence that they have complied with the terms of the order and that they do not pose a threat to the person who requested the order.

Timeframe

The timeframe for removing a restraining order from a background check also varies by state. In some states, a restraining order may be removed immediately after it is expunged or sealed. In other states, it may take several months or even years for the order to be removed from a person’s record.

It is important to note that even if a restraining order is removed from a person’s record, it may still be accessible in certain circumstances. For example, if an individual applies for a job that requires a security clearance, the restraining order may still be considered in the background check process.

Overall, it is important for individuals with restraining orders to understand their legal options for removing the order from their record and to seek the guidance of an experienced attorney if necessary.

Conclusion

In summary, whether or not a restraining order will show up on a background check depends on several factors. The type of background check, the nature of the restraining order, and the job someone is applying for all play a role in determining whether a restraining order will appear on a background check.

If the employer pays for a more thorough search, or the job requires carrying a gun or getting security clearance, the order is more likely to show up on a background check. However, minor issues like restraining orders often won’t show up unless the employer does an exhaustive search.

It’s important to note that civil restraining orders typically won’t appear on a criminal background check. On the other hand, if the restraining order is a criminal one, it will likely show up on a criminal background check.

Overall, it’s best to be upfront about any restraining orders on your record, especially if you’re applying for a job that requires a background check. It’s also a good idea to seek legal advice if you have any questions or concerns about the impact of a restraining order on your life and record.

Frequently Asked Questions

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What proof is required for obtaining a restraining order in California?

In California, a person seeking a restraining order must provide evidence of harassment, abuse, or threat of violence. This evidence can include witness testimony, police reports, medical records, photographs, or any other relevant documentation.

Can temporary restraining orders be expunged in California?

No, temporary restraining orders cannot be expunged in California. However, they will automatically expire after a certain period of time, usually within 20-25 days.

How does having a restraining order affect your record in California?

Having a restraining order against you will be noted on your record in California. However, the specifics of the order will not be disclosed unless it is relevant to a specific job or legal situation.

Is it possible to look up restraining orders online in California?

Yes, restraining orders are a matter of public record in California, and can be looked up online through the California Courts website.

What is the process for filing a restraining order in California?

To file a restraining order in California, a person must fill out the necessary paperwork and file it with the appropriate court. The court will then review the paperwork and determine whether or not to grant the order.

Will a restraining order affect employment opportunities in California?

It is possible for a restraining order to affect employment opportunities in California, particularly if the job involves working with vulnerable populations or requires a security clearance. However, the impact will depend on the specific circumstances of the order and the job in question.

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