If you do so, the order most likely will not show up on a background check. If the restraining order against you had against you has expired and you did not violate it you can have the order expunged from your record. Often, the length of an order is shorter, lasting several years or even only a few months. The maximum length of a restraining order in California is five years.If you violated the restraining order you have committed a crime (a misdemeanor or felony depending on the case) in which case the order would show up on a background check.However, if the employer pays for a more thorough search, or the job is one where you would be required to carry a gun or get security clearance, the order most likely will show up on a background check.In those cases, a restraining order will most likely not show up on a background check. Often, employers run criminal background checks where they are looking for serious criminal activity.Whether or not a record of a restraining order will show up on a background check depends on several factors: When a person learns they have a restraining order brought against them, one thing they might worry about first is if the order will affect their current or future employment, specifically if it will show up on background checks. Will a Restraining Order Show Up on a Background Check Requested by an Employer? While this is certainly possible for motivated parties, it does not mean that the information related to your restraining order will be posted or published. In order to obtain a copy of the restraining order, a person would have to request one from the court clerk of the county where the order was issued and then pay any fees associated with copying and processing it. While this might sound frightening at first, you should keep in mind that just because a record is public does not automatically mean it is going to be widely broadcast. Unless they have been sealed for some reason, like any other court order or document, a restraining order, or protective order as they are otherwise known, are a matter of public record. Generally speaking, restraining orders are public record in California.
A good criminal defense attorney will be able to examine the order, explain which kind of order it is, advise you on how to follow it, and outline what your next steps should be. If someone has sought a restraining order against you, you might also be wondering if that order is a public record and if it can be viewed by anyone.īefore looking at more information related to those two questions, it should be noted that it is often wise to seek the counsel of a qualified criminal defense attorney if someone has brought a restraining order against you.
The California statute governing restraining orders, Penal Code 273.6, outlines the different types of orders and the punishments for violating them.