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 isn't a simple yes or no. Several factors influence its visibility, and understanding these nuances is crucial.
This article will explore the complexities of protective orders and background checks, answering common questions and providing clarity on this often-confusing topic.
What is a Protective Order?
Before diving into background checks, let's define a protective order. A protective order, also known as a restraining order, is a court-issued legal document designed to protect an individual from harm or harassment. These orders are typically granted in cases involving domestic violence, stalking, harassment, or other threats to personal safety. The specifics of the order, including its restrictions and duration, vary widely depending on the jurisdiction and the specifics of the case.
What Kinds of Background Checks Exist?
There are different types of background checks, each with varying levels of detail and access to information. The type of background check conducted significantly influences whether a protective order will be revealed.
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Basic Background Checks: These checks typically include name, date of birth, and address verification and may only reveal criminal convictions. Protective orders are less likely to appear on basic checks.
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Enhanced Background Checks: These checks are more comprehensive and may include civil records, such as protective orders, in addition to criminal history. The inclusion of protective orders depends on the specific database the background checker uses and whether the information is publicly accessible within that jurisdiction.
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State and County Specific Checks: Some jurisdictions have more comprehensive databases than others. A protective order filed in one state might be included in a background check in that state, but not necessarily in another.
What Information is Typically Included in a Background Check?
Background checks typically include:
- Criminal History: This is usually the most comprehensive part, containing information on arrests, charges, convictions, and sentencing.
- Civil Judgments: This section might include details on lawsuits, bankruptcies, and liens. Depending on the jurisdiction and the type of background check, protective orders may fall under this category.
- Driving Records: Information on driving infractions, accidents, and license suspensions.
- Employment History: This section generally includes previous employers and dates of employment but typically does not contain information on protective orders.
Will a Protective Order Show Up on an Employment Background Check?
Whether a protective order will show up on an employment background check depends heavily on the specific background check conducted and the state's laws regarding the accessibility of such information. While some employers might conduct comprehensive checks that reveal such information, many do not.
What Databases are Used for Background Checks?
Background check companies access information from numerous sources, including:
- State and County Courts: These courts maintain records on criminal and civil cases, including protective orders.
- Federal Databases: The FBI maintains a national criminal database (NCIC).
- Private Databases: Commercial companies compile information from various sources.
How Can I Find Out if a Protective Order Exists Against Someone?
There is no single, universally accessible database for protective orders. The best way to determine if a protective order exists against someone is to contact the relevant court in the jurisdiction where you suspect the order was issued. This often requires knowing the individual's name and potentially the approximate date or location of the alleged incident.
In conclusion, the visibility of a protective order on a background check is unpredictable. The type of check, the state's regulations regarding record accessibility, and the specific databases used all play a role. If you have concerns about a specific individual, seeking legal counsel is always advisable.
