Do Restraining Orders Show Up On Background Checks?

Introduction

Restraining orders are legal orders that prohibit an individual from contacting, harassing, or coming within a certain distance of another person. These orders are typically issued by a court and can be temporary or permanent. Many people wonder if restraining orders show up on background checks, and this article will explore the answer to this question.

What Is a Background Check?

Before delving into whether restraining orders show up on background checks, it is important to understand what a background check is. A background check is an investigation of a person’s criminal, commercial, and financial records. These checks are often conducted by employers, landlords, and lending institutions to assess the trustworthiness of an individual.

Types of Background Checks

There are several different types of background checks, including criminal background checks, credit checks, and reference checks. Each type of check serves a different purpose and provides different information about an individual.

Criminal Background Checks

A criminal background check is a search of an individual’s criminal record. This check will reveal any past convictions or pending charges against the individual. It is important to note that not all criminal records will show up on a background check, as some states have laws that limit the disclosure of certain types of criminal records.

Credit Checks

A credit check is a review of an individual’s credit history. This check will reveal any outstanding debts, bankruptcies, or other financial issues that may impact the individual’s ability to pay bills or loans.

Reference Checks

A reference check involves contacting an individual’s previous employers, landlords, or other references to verify information provided by the individual.

Do Restraining Orders Show Up on Background Checks?

The answer to this question is not straightforward. Whether a restraining order shows up on a background check depends on the type of background check being conducted and the laws in the state where the order was issued.

Criminal Background Checks

If a criminal background check is being conducted, a restraining order may show up if it was issued as a result of a criminal case. For example, if an individual was charged with domestic violence and a restraining order was issued as a condition of their release, this would likely show up on a criminal background check.

Civil Background Checks

If a civil background check is being conducted, a restraining order may show up if it was issued as part of a civil case. For example, if an individual filed a restraining order against a former partner, this would likely show up on a civil background check.

Laws Regarding Background Checks

It is important to note that some states have laws that limit what information can be disclosed on a background check. For example, some states prohibit the disclosure of certain criminal records or limit the disclosure of credit history. It is important to research the laws in your state to determine what may be disclosed on a background check.

Conclusion

In conclusion, whether a restraining order shows up on a background check depends on the type of background check being conducted and the laws in the state where the order was issued. If you are concerned about what may show up on a background check, it is important to research the laws in your state and to consult with an attorney if necessary.