Does a Protective Order Show Up on a Background Check?
The short answer is: it depends. Whether a protective order appears on a background check is complex and varies significantly depending on several factors. There's no single, universal answer.
While protective orders are serious legal actions indicating a history of potentially dangerous behavior, they aren't always included in standard background checks. This is because the databases used for background checks are diverse and have different scopes.
Let's break down the factors that influence whether a protective order will show up:
What Kind of Background Check?
The type of background check significantly impacts what information is revealed. A simple, consumer-level background check, often used for employment screening or apartment applications, may not include information on protective orders. These checks typically focus on criminal records, credit history, and sometimes employment verification.
More comprehensive background checks, like those conducted by law enforcement or for high-security positions, are more likely to include protective order information. These checks may access more extensive databases, including those maintained by state and local courts.
State and Local Laws
The accessibility of protective order information varies widely by state and even by locality within a state. Some states have laws explicitly mandating that protective orders be included in certain background checks, while others don't. Even within states where the information could be included, data entry practices and database synchronization can create inconsistencies.
The Database Used
Background check companies use various databases to compile their reports. The completeness of these databases and the agreements they have with courts and other agencies will influence whether or not a protective order is included.
Timing
The timing of the background check in relation to the issuance of the protective order is also crucial. It may take time for a newly issued protective order to be entered into the relevant databases.
What Information Is Typically Included in Background Checks?
To provide context, most background checks will include information like:
- Criminal History: Felonies, misdemeanors, and sometimes even arrests (depending on the state and the type of check).
- Driving Records: Traffic violations, accidents, and license suspensions.
- Credit History: Credit scores, payment history, and bankruptcies.
- Employment Verification: Confirmation of past employment.
- Education Verification: Confirmation of educational degrees and certifications.
Can You Find Out if a Protective Order Exists?
If you have concerns about an individual and want to know if they have a protective order against them, you might need to contact the relevant court directly in the jurisdiction where you believe the order was issued. Keep in mind that access to court records can be restricted for privacy reasons.
In Conclusion
Determining whether a protective order appears on a background check is not straightforward. It involves a complex interplay of the type of background check, state and local laws, the database used, and timing. If you need definitive information about a protective order, contacting the appropriate court directly is often the most reliable approach. Always remember to respect privacy laws and ethical considerations when searching for such information.
