Does a Restraining Order or Order of Protection Appear on Background Checks-

Does order of protection show up on background check? This is a question that often arises among individuals who are subject to or have obtained an order of protection. An order of protection, also known as a restraining order, is a legal document issued by a court to protect someone from being harassed, abused, or threatened by another person. However, the presence of such an order on a background check can have significant implications for the individual’s personal and professional life. In this article, we will explore the factors that determine whether an order of protection appears on a background check and the potential consequences of its disclosure.

The presence of an order of protection on a background check largely depends on the type of check being conducted and the specific requirements of the employer or organization. There are generally two types of background checks: criminal background checks and civil background checks. While criminal background checks typically include information about convictions and charges, civil background checks may or may not include details about orders of protection.

For criminal background checks, the presence of an order of protection depends on whether the offense for which the order was issued is considered a crime. If the underlying offense is a criminal matter, such as domestic violence or stalking, the order of protection may be included in the criminal record and, consequently, show up on a background check. However, if the order of protection was issued for a civil matter, such as harassment or trespassing, it may not be included in the criminal record and, therefore, not show up on a criminal background check.

In the case of civil background checks, the inclusion of an order of protection is subject to the policies and regulations of the employer or organization conducting the check. Some employers may choose to include civil records, while others may limit their checks to criminal records only. It is essential for individuals to review the specific policies of the employer or organization to understand the scope of the background check and the likelihood of an order of protection being disclosed.

There are potential consequences for an individual if an order of protection shows up on a background check. For instance, if the order of protection was issued due to a criminal offense, it may raise concerns about the individual’s character and trustworthiness. This could negatively impact the individual’s chances of securing employment, particularly in sensitive or high-risk positions. On the other hand, if the order of protection was issued for a civil matter, it may still raise questions about the individual’s behavior and judgment, potentially affecting their employment prospects.

To mitigate the potential negative consequences of an order of protection appearing on a background check, individuals can take several steps. First, they can discuss the situation with their attorney to determine if there are any legal strategies to minimize the impact of the order. Second, individuals can provide a detailed explanation of the circumstances surrounding the order of protection to the employer or organization conducting the background check. This may help to clarify the nature of the order and its relevance to the individual’s current situation. Lastly, individuals can seek employment opportunities that do not require extensive background checks or are less likely to be affected by the presence of an order of protection.

In conclusion, whether an order of protection shows up on a background check depends on the type of check being conducted and the policies of the employer or organization. While there are potential consequences for an individual if an order of protection is disclosed, taking proactive steps can help mitigate these effects. It is crucial for individuals to understand the implications of an order of protection on their background check and to take appropriate measures to address any concerns that may arise.