Does a Restraining Order Go on Your Record?
The question of whether a restraining order appears on your record is complex and depends on several factors, primarily the type of restraining order and where you live. There's no single, simple answer. Let's break it down.
What Kind of Record Are We Talking About?
When people ask if a restraining order goes on "your record," they often mean a few different things:
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Criminal Record: A restraining order itself is not a criminal conviction. Therefore, it generally doesn't show up on standard criminal background checks used for employment or housing. However, the underlying circumstances that led to the restraining order might be on your record if criminal charges were filed and resulted in a conviction. For example, if the restraining order stemmed from a domestic violence incident, and you were convicted of assault, that conviction would appear on your record.
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Civil Court Records: Restraining orders are civil matters, not criminal ones. This means the order itself will be documented in the civil court records of the jurisdiction where it was issued. These records are generally accessible to the public, though accessing them might require specific procedures and fees.
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Background Checks for Specific Purposes: Some background checks, particularly those conducted by employers or landlords with specific concerns, might delve deeper and uncover information about restraining orders even if they aren't part of a typical criminal record. This is more likely if the background check focuses on civil litigation or if the employer is in a field involving public safety or child care.
What Happens if the Restraining Order is Against You?
If a restraining order has been issued against you, it's crucial to understand and comply with its terms. Violation of a restraining order is a serious offense that can lead to arrest and criminal charges. This arrest and subsequent conviction would then appear on your criminal record.
What Happens if the Restraining Order is In Your Favor?
If you've obtained a restraining order against someone else, this action itself is not considered a criminal record for you. It's a legal record of a civil matter reflecting a court's finding that you needed protection.
Can a Restraining Order Affect Future Employment or Housing?
While a restraining order itself typically won't show up on a standard background check, the circumstances leading to it might influence a potential employer or landlord's decision. If they conduct a more thorough background check, the details of the civil case could surface. Honesty and transparency are often the best approach when discussing such issues during the application process. It’s best to be prepared to explain the situation clearly and calmly.
What if I'm Applying for a License or Permit?
Some licenses, especially those involving public safety or vulnerable populations, may require more extensive background checks that could potentially uncover information about restraining orders. The specific requirements vary greatly depending on the type of license and the issuing authority.
How Can I Find Out If Information About a Restraining Order is Accessible?
The best way to determine if information about a specific restraining order is publicly accessible is to contact the court clerk's office in the jurisdiction where the order was issued. They can provide guidance on accessing court records and any associated fees.
Disclaimer: This information is for educational purposes only and is not legal advice. For specific legal guidance concerning restraining orders and their implications, it's crucial to consult with a qualified legal professional in your jurisdiction.
