Does a Restraining Order Appear on Background Checks- Understanding the Impact on Employment and Personal Records_1

Does a restraining order show on a background check? This is a question that often arises when individuals are undergoing a background check for employment, housing, or other purposes. Understanding whether a restraining order will appear on a background check is crucial for those who have such orders against them or are considering hiring someone who does. In this article, we will explore the factors that determine whether a restraining order is disclosed on a background check and the implications it may have on an individual’s life.

Background checks are commonly used by employers, landlords, and other organizations to assess the character and history of individuals. These checks can vary in scope, but they typically include criminal records, credit history, and sometimes civil judgments. However, the inclusion of a restraining order on a background check depends on several factors.

Firstly, the type of background check being conducted plays a significant role in determining whether a restraining order will be disclosed. There are two main types of background checks: consumer reports and investigative reports.

Consumer reports, also known as pre-employment background checks, are the most common type of background check. They are typically conducted by third-party companies and are designed to provide employers with information about an applicant’s character and history. Consumer reports often include criminal records, credit history, and sometimes civil judgments. However, it is important to note that these reports may not always include restraining orders, as they are not typically considered part of a person’s civil or criminal history.

Investigative reports, on the other hand, are more comprehensive and can include information that is not typically found in consumer reports. These reports are often used by employers who require a deeper understanding of an applicant’s background. While investigative reports may include restraining orders, it is still not guaranteed that they will be disclosed, as the decision to include such information lies with the reporting agency.

Secondly, the laws and regulations in the jurisdiction where the background check is being conducted can also impact whether a restraining order is disclosed. In some states, such as California and Massachusetts, employers are prohibited from considering certain types of civil judgments, including restraining orders, when making hiring decisions. This means that even if a restraining order is present in an individual’s civil records, it may not be disclosed on a background check conducted in those states.

Additionally, the purpose of the background check can influence whether a restraining order is included. For example, if a background check is being conducted for employment purposes, the focus is typically on criminal and civil records that may pose a risk to the workplace. In such cases, a restraining order may not be considered relevant unless it directly relates to the applicant’s job responsibilities. Conversely, if a background check is being conducted for housing purposes, the focus may be broader, and a restraining order may be included, especially if it indicates a history of violence or harassment.

Understanding whether a restraining order shows on a background check is essential for both individuals with such orders and those who may be affected by them. For those with restraining orders, it is important to be aware of the potential implications and take steps to address any negative consequences. This may include discussing the situation with potential employers or landlords and providing context or explaining the circumstances surrounding the order. For those considering hiring or renting to someone with a restraining order, it is crucial to consider the individual’s overall character and history, rather than focusing solely on the presence of the order.

In conclusion, whether a restraining order shows on a background check depends on various factors, including the type of check, the jurisdiction’s laws, and the purpose of the check. It is important for individuals to be aware of these factors and take appropriate steps to navigate the potential challenges that may arise due to the presence of a restraining order on their background check.