Question for Attorney Carbone: Would a Restraining Order Effect My Job?
Question: My ex-fiance and I have gotten into many vicious fights over the years. A few months before we were to be married, I had struck her during one of our blowouts. Her response was to file a temporary restraining order against me. Since then, we have parted ways and the restraining order was lifted against me. I am currently up for a new job but the company needs to run a background check on me. Will the restraining order show up on the background check?
Answer: It’s hard to say what the company will be searching for when looking at a background check. Generally, a background check is to be used to make sure you’ve done nothing illegal in the past. For instance, if you were arrested for domestic violence because of hitting your ex, then that will definitely show up on a background check. Also, if you had violated the restraining order at any time, that too is a criminal offense and will be on your arrest record.
That being said, a temporary restraining order is part of the court’s public records. That could mean that when the company does look at your records, it’s possible that the TRO will be in your records, especially if it was a recent event. However, since it did not become permanent, the record should have been wiped off your criminal record once the TRO expired. But you may want to be sure about it. If your ex-fiance failed to dismiss the restraining order, there may be a chance that that TRO had become final restraining order. Unless you are absolutely sure that order is expired, you may want to do your own criminal background check to see if anything pops up.
Your best bet is, be honest with the company. Explain the situation; that way if it’s on your background check, the company will no draw any conclusions about you.
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