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 is complex and varies significantly based on several factors, including the type of background check, the state where the order was issued, and the specific details of the order itself.
There's no single, nationwide database for restraining orders. Information about restraining orders is primarily held at the state or local level. Therefore, the results you get depend heavily on the scope of the background check conducted.
What Kind of Background Check are We Talking About?
The type of background check significantly influences whether a restraining order will surface.
-
Basic Background Checks: These typically only include information readily available to the public, such as criminal records. Restraining orders are often not considered public record in the same way as criminal convictions. Therefore, a basic check is unlikely to reveal a restraining order.
-
Enhanced Background Checks: These delve deeper, potentially including civil court records, which might contain information about restraining orders. Even then, access is not guaranteed. The comprehensiveness of these checks varies widely by the vendor conducting the check.
-
Comprehensive Background Checks: These are the most thorough and may have a higher chance of uncovering a restraining order, particularly if they are conducted by a private investigator or a firm specializing in in-depth background checks that access multiple databases, including civil court records. However, even with comprehensive checks, access is not guaranteed and depends on the specific state and local record-keeping practices.
State Laws and Record Accessibility
State laws play a crucial role in determining the accessibility of restraining order information. Some states consider such information confidential, limiting access to specific parties like law enforcement or the individuals directly involved. Other states may have more open records policies, potentially allowing their inclusion in certain background checks.
What Information is Typically Included in a Restraining Order?
A restraining order typically contains identifying information about the parties involved, the nature of the alleged violation, and the specific restrictions imposed. This information, while present in court records, might not always be accessible through standard background checks.
H2: Can an Employer Find Out About a Restraining Order?
Generally, employers conducting background checks through reputable third-party vendors will not be able to access information on restraining orders unless it's specifically mandated by a professional licensing board or legal requirement. However, if an applicant voluntarily discloses the restraining order, the employer may consider it during the hiring process.
H2: How Can I Find Out if a Restraining Order Exists Against Me?
If you're concerned about a potential restraining order against you, the best approach is to contact the court clerk's office in the county where you believe the order might have been issued. You may need to provide personal identifying information to check for any such records.
H2: What is the Purpose of a Background Check?
Background checks are used for various purposes, including employment screening, tenant screening, and conducting due diligence. The specific information sought and the extent of the search varies depending on the purpose of the check.
In conclusion, while a restraining order might appear on an extensive background check, it's not guaranteed. The likelihood depends heavily on the type of background check, the state's laws regarding record accessibility, and the specific vendor conducting the check. If you have concerns about the presence of a restraining order in a background check, it's best to consult with a legal professional for clarification.
