Does a Restraining Order Show Up on a Background Check?
The short answer is: it depends. Whether a restraining order appears on a background check hinges on several factors, including the type of background check, the jurisdiction where the order was issued, and the specific details of the order itself. There's no single, universally consistent answer.
Let's delve into the complexities to provide a clearer understanding.
What Kind of Background Check Are We Talking About?
Different background checks delve into different aspects of an individual's past. A simple background check might only reveal criminal history, while more comprehensive checks might include civil records, such as restraining orders.
- Basic Background Checks: These often only include criminal records and may not include information on restraining orders.
- Comprehensive Background Checks: These more extensive checks frequently incorporate civil records, and therefore, are more likely to reveal the existence of a restraining order.
- State-Specific Background Checks: Laws regarding the inclusion of civil records in background checks vary by state. Some states might include restraining orders, while others might not.
Where Was the Restraining Order Issued?
The location where the restraining order was issued significantly impacts its visibility on a background check. Information about restraining orders typically resides in the court records of the specific jurisdiction (county, state). A background check company's access to these records determines whether the order will appear. National background checks may not always have access to all state and local court records.
What Information Does the Restraining Order Contain?
The specifics within the restraining order itself may affect its inclusion in a background check. For example, some orders might be sealed or expunged, preventing their disclosure. Others may be public record and therefore accessible to background check services.
What Is the Purpose of the Background Check?
The intended use of the background check also influences the information obtained. A background check for employment purposes may have different access to information compared to a background check for a tenant screening. The legal requirements surrounding data privacy and access vary significantly depending on the context.
Can I Find Out If I Have a Restraining Order on My Record?
If you're concerned about whether a restraining order might appear on your background check, the best way to ascertain this is to:
- Contact the court clerk's office in the relevant jurisdiction: This is the most reliable way to obtain information about any court orders filed against you.
- Review your own personal records: You likely received official documentation related to the restraining order, if one exists.
How Do Restraining Orders Differ From Criminal Charges?
It's important to note that a restraining order is not a criminal conviction. While a criminal conviction is always included in a criminal background check, a restraining order's inclusion depends heavily on the factors mentioned above. A restraining order indicates a finding of potential harm or threat, not necessarily a criminal act.
In conclusion, whether a restraining order shows up on a background check is not a straightforward yes or no. The answer depends on many factors. For definitive information, contacting the relevant court clerk's office remains the most reliable approach.
