Restraining orders are legal tools designed to protect individuals from threats, harassment, stalking, domestic violence, and other harmful behavior. These orders play an important role in personal safety, often serving as deterrents/ That said, many people wonder whether they show up on a background check, as it can directly impact future employment opportunities, housing applications, and other situations that involve a background screening.
However, the answer to this isn’t always straightforward. Whether a restraining order appears on a background check often depends on the type of order involved and the scope of the screening being conducted. Understanding how restraining orders are classified and how background checks work can help you understand what information may be visible to employers, landlords, and others through organizations that conduct background screening.
What is a restraining order?
A restraining order, sometimes called a protective order or order of protection, is a court-issued directive that requires an individual to avoid certain actions involving another person. Although the exact rules vary by location, restraining orders commonly prohibit specific behaviors. Here’s a quick list covering these behaviors.
- Contacting the protected person
- Visiting specific locations
- Harassing or threatening someone
- Following or stalking
- Possessing firearms
There isn’t a specific reason for a restraining order to be issued, but these are commonly associated with domestic violence cases. Other common cases include workplace disputes, elder abuse, stalking, harassment, and other safety concerns. Courts may also issue restraining orders temporarily while a case is pending, which may create court records, though their visibility may differ depending on the screening process.
Importantly, most restraining orders are civil court orders rather than criminal convictions. As you can expect, this distinction plays an important role in determining whether they appear during a background screening. Therefore, a person can be subject to a restraining order without ever being convicted of a crime. At the same time, violating the order may result in criminal charges right away.
Does a restraining order show up on a background check?
The answer to whether a restraining order shows up on a background check is, in some cases, yes. In other cases, no. It often depends on the type of background check performed.
A standard criminal background check generally focuses on criminal convictions, pending criminal charges, warrants, and other criminal court records. Because most restraining orders originate as civil court matters rather than criminal cases, they often don’t appear on screenings that only look for criminal convictions.
However, many employers, landlords, and government agencies conduct more comprehensive background checks. These screenings may include civil court records in addition to criminal history. When civil court records are searched, a restraining order may become visible because it exists within the public court system. Ultimately, it comes down to whether or not the background check includes civil records in the screening process.
Other details that may show up on a background check
Here’s more on what else shows up on a background check, looking at records that more frequently show up.
Identity
Identity verification is often the first step in a background check that ensures everything else that comes up about the person will be accurate. It verifies identity, such as name, name history (aliases), date of birth, and other identifying records.
Detailed criminal history
Criminal history is one of the most common components of a standard background check. Depending on the scope of the screening, it may include felony convictions, misdemeanor convictions, pending criminal charges, warrants, and arrest records.
Employment history
If applying for a job, you can almost be certain that the background check will include employment history and verify previous workplaces, including dates of employment, job titles, and former employers. The purpose of this is to confirm that the information provided by an applicant is accurate.
Education
Educational verification is another frequently requested screening component. Employers may confirm degrees earned, schools attended, graduation dates, and academic credentials. It helps organizations verify that applicants possess the necessary qualifications for a position. If the role requires specialized training, this part can be done jointly with a professional license verification, such as in healthcare positions.
Does a restraining order show up on a background check? You know now
So, does a restraining order show up on a background check? The most accurate answer is that it depends on the type of background check being performed. Most civil restraining orders don’t appear in basic criminal background checks because they aren’t criminal convictions. For it to appear on a background check, the screening must specifically look at civil court records or use more comprehensive searches.
If you’re curious about whether or not a past or current restraining order would show up on your background check, you can run an online background check on yourself through a people search site.
Since you’re only after one detail, we highly recommend using Free People Search. As you can tell by its name, it is a free people search site that enables you to run a background check on yourself to satisfy your curiosity. It also covers details beyond restraining orders, including details that you would expect from a basic background screening.
This content is provided for informational purposes only and is not a substitute for professional advice. AFP editorial staff were not involved in the creation of this content.
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