Does a Restraining Order Go on Your Record? Understanding the Implications
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 the jurisdiction (state or country). There's no single, simple answer. Let's break it down.
What is considered a "record"? This is crucial. Are we talking about:
- Criminal record: This is the record maintained by law enforcement agencies and used in background checks for employment, housing, etc.
- Civil record: This record tracks civil legal actions, including lawsuits, divorces, and, in some cases, restraining orders.
- Background checks: The information included in a background check depends on the type of check (national, state, etc.) and the entity conducting it.
Types of Restraining Orders and Their Impact on Records:
The type of restraining order significantly affects its visibility. Generally, there are two main types:
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Civil Restraining Orders: These are issued in civil court and typically address situations of harassment, stalking, or domestic violence. While not technically a criminal conviction, they are part of your civil record. The impact on background checks varies widely by state and the specific requirements of the background check. Some background checks may reveal the existence of a civil restraining order, while others may not.
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Criminal Restraining Orders: These are often issued as a condition of bail or probation after a criminal conviction. These are directly linked to the criminal case and are therefore part of your criminal record. They will show up in background checks.
H2: What information is typically included in a background check?
Background checks can vary significantly depending on the organization performing the check and the specific requirements of the position or application. Some common things included are:
- Criminal history: This includes felony and misdemeanor convictions, arrests, and sometimes pending charges.
- Civil judgments: This can include debt, bankruptcies, and, in some cases, restraining orders.
- Driving records: This shows your driving history, including accidents and violations.
H2: Will a restraining order affect my ability to own a firearm?
In many jurisdictions, a restraining order can significantly impact your ability to own or possess a firearm. The specific laws vary widely depending on state and federal regulations. It's crucial to consult with legal counsel in your jurisdiction for accurate and up-to-date information on this matter.
H2: Can a restraining order be expunged or sealed?
In some jurisdictions, it may be possible to have a civil restraining order expunged or sealed after a certain period. This means that the record is legally removed or made inaccessible to the public. The requirements for expungement or sealing vary considerably by state and may depend on factors such as compliance with the order's terms. It is essential to consult legal counsel for advice on this possibility.
H2: Does a protective order show up on a background check?
The term "protective order" is often used interchangeably with "restraining order." Therefore, the answer would be similar to the question about restraining orders – it depends on the type of order, the jurisdiction, and the specifics of the background check.
Disclaimer: This information is for general informational purposes only and does not constitute legal advice. The laws regarding restraining orders and their impact on records vary significantly by jurisdiction. For specific legal advice, consult with a qualified attorney in your area.
