A restraining order, also known as a protection order, is a court order that legally restricts an individual from contacting or coming near another person. The length of time a restraining order remains on your record depends significantly on several factors, including the type of order, the state or jurisdiction where it was issued, and whether it was ever dismissed or vacated. There's no single, simple answer, as the impact varies considerably. This article will explore the intricacies of restraining order records and their longevity.
What is considered a "record"?
Before diving into the duration, it's crucial to clarify what we mean by "record." A restraining order isn't typically part of your criminal record in the same way a conviction for a crime is. However, it can be found in several different databases:
- Court Records: The most direct record is within the court system where the order was issued. These records are generally public and accessible.
- Background Checks: Depending on the type of background check and the specific company conducting it, a restraining order might appear. This is especially true for more comprehensive background checks used for employment or housing purposes.
- State-Specific Databases: Some states maintain databases specifically tracking protection orders. Access to these databases varies by state.
The visibility of the restraining order will influence its long-term impact. A court record remains indefinitely, but its prominence in background checks can change.
How long does a restraining order impact background checks?
The length of time a restraining order shows up on a background check is inconsistent across jurisdictions and depends on the specific background check provider. Some companies may only show recent orders, while others might retain information for longer periods, sometimes even indefinitely. The key consideration is whether the background check searches court records directly or uses a compiled database with variable retention policies.
It's also important to note that the nature of the order might impact how it’s viewed. A temporary restraining order (TRO) – often granted quickly and pending a hearing – might disappear more quickly from background checks if it's not extended into a longer-term order. Conversely, a permanent or long-term restraining order will naturally remain visible longer.
Can a restraining order be expunged or sealed?
In some jurisdictions, it may be possible to petition the court to expunge or seal a restraining order record. This process varies considerably by state and involves demonstrating a compelling reason for removing the record. Successfully expunging or sealing an order would significantly reduce its visibility in background checks. However, it's not guaranteed and requires navigating complex legal procedures.
Does the type of restraining order matter?
Yes, the type of restraining order significantly influences its impact and duration. For example:
- Temporary Restraining Orders (TROs): These are short-term orders granted urgently. If not extended into a longer-term order after a hearing, they may not appear in background checks after a short time.
- Permanent Restraining Orders: These orders have no expiration date unless specifically stated otherwise by the court and will likely remain on records for much longer.
- Civil Restraining Orders: These protect individuals from harassment and other civil wrongs. Their impact on background checks is less standardized compared to criminal restraining orders.
- Criminal Restraining Orders: Often issued as part of a criminal case, these are generally given more weight in background checks.
What should I do if I have a restraining order against me?
If you have a restraining order against you, it’s crucial to understand and strictly adhere to its terms. Violating a restraining order carries serious legal consequences, including arrest and further legal penalties. Seeking legal counsel is highly advisable to understand your rights and options.
Can I get a restraining order removed?
Removing a restraining order is a complex legal process. It typically involves petitioning the court that issued the order and demonstrating substantial changes in circumstances or reasons why the order is no longer necessary. Legal representation is recommended for this process.
In conclusion, the longevity of a restraining order on your record is highly dependent on the type of order, the jurisdiction, and whether it has been dismissed, vacated, or expunged. While court records generally remain permanent, their visibility in background checks can vary significantly. Always consult with a legal professional for specific guidance concerning your situation.
