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Do Restraining Orders Show Up on Background Checks in California?

By San Diego Attorney on September 20, 2024

Restraining orders can show up on background checks in California, potentially impacting employment, housing, and other opportunities. However, the specifics depend on the type of background check and the nature of the restraining order. Understanding these nuances is essential to managing the potential implications.

What is a Restraining Order in California?

Definition and Types of Restraining Orders

In California, a restraining order is a court-issued mandate designed to protect individuals from threats, harassment, or harm. There are several types of restraining orders, including:

• Domestic violence restraining orders (DVROs): These orders protect individuals from abuse by a spouse, partner, or family member. For example, a DVRO might restrict an abusive partner from entering the shared home or contacting the victim.
• Civil harassment restraining orders: These orders address harassment by non-family members, such as neighbors or acquaintances. They are common in cases where ongoing disputes escalate into threats or unwanted contact.
• Workplace violence restraining orders: These orders protect employees from violence or threats in the workplace. Employers can petition for these orders on behalf of their staff to ensure a safe working environment.
• Elder or dependent adult abuse restraining orders: Protect elderly or dependent adults from abuse or neglect. These are critical for safeguarding vulnerable populations from physical, emotional, or financial harm.

Each type serves a specific purpose and may have unique legal implications depending on the circumstances.

How Do Restraining Orders Work in California?

Restraining orders can impose various restrictions on the restrained party, including prohibiting contact with the protected person through phone calls, text messages, or social media and requiring the restrained person to maintain a certain physical distance, such as 100 yards, from the protected individual, their home, workplace, or school. Additionally, a restraining order restricts access to shared residences, workplaces, or schools and surrenders firearms for the duration of the order, as mandated by California’s strict gun laws.

Violating a restraining order is a criminal offense and can lead to immediate arrest, fines, or jail time. California Penal Code Section 273.6 outlines these penalties, which may include up to a $1,000 fine or up to one year in county jail for a misdemeanor violation and harsher consequences for repeat offenses.

How Background Checks Work in California

Overview of Background Checks in California

Background checks in California are commonly used by employers, landlords, and other entities to evaluate an individual’s history. These checks may include criminal records, such as searches for arrests, convictions, and ongoing cases. For instance, a felony conviction will appear on most background checks unless expunged. Civil records, such as information about lawsuits, restraining orders, and judgments, are also included. Credit reports, including financial history, debts, and bankruptcies, are often reviewed for tenant or financial positions, and employment history, such as the verification of past job roles and tenure, can also be part of background checks.

Agencies and Databases Used for Background Checks

Background checks typically rely on information from different sources. One is the California Department of Justice (DOJ), which provides criminal history records for authorized purposes, such as employment in healthcare or education. Another source of information can be found in court databases. The public can have access to civil and criminal case records. For example, individuals can search online databases like the California Courts Case Information System to review public records. Another source is private reporting agencies, which compile data from multiple sources, including public records and private databases. These agencies must comply with the Fair Credit Reporting Act (FCRA) to ensure accuracy and protect consumer rights.

Employers and landlords must also adhere to state-specific privacy regulations, such as California’s Investigative Consumer Reporting Agencies Act (ICRAA), which governs how background checks are conducted and disclosed.

Do Restraining Orders Appear on California Background Checks?

Criminal Background Checks and Restraining Orders

Whether a restraining order appears on a criminal background check depends on the type of order and the associated circumstances. For example, civil restraining orders typically do not appear on criminal background checks unless the order was violated, resulting in a criminal charge. So, if someone fails to comply with a no-contact provision, that could lead to criminal penalties and a record. However, criminal protective orders, which are often issued during criminal proceedings, are part of the defendant’s criminal record and will appear on background checks. For instance, a protective order issued during a domestic violence case would be visible.

Employment and Tenant Background Checks

Restraining orders may appear during employment background checks or tenant background checks if they are part of public records. For publicly accessible records, employers or landlords may search for restraining orders through court records. Furthermore, some positions, such as those requiring security clearance or involving childcare, may specifically review civil and protective orders.

California law prohibits employers from discriminating based on certain background check findings. However, restraining orders can still influence decisions in competitive scenarios where other factors, such as professional qualifications, are considered.

Public Records and Restraining Orders

Restraining orders are generally considered public records, meaning they can be accessed by anyone unless sealed by the court. Public access includes searching online court databases and requesting records from local courthouses. However, some records may be restricted to protect the parties’ privacy. For instance, cases involving minors or sensitive domestic violence details may have limited accessibility.

Legal Implications of Restraining Orders Showing Up on Background Checks

Can a Restraining Order Affect Employment Opportunities?

A restraining order can impact employment opportunities, particularly for roles requiring background checks. Security-sensitive jobs, including law enforcement, childcare, or finance positions, scrutinize restraining orders more closely. Thus, employers might view the existence of an order as a potential liability. Similarly, professional licenses could be affected, as some licensing boards may review restraining orders as part of their vetting process, particularly in professions requiring high ethical standards, such as legal or medical fields.

Can a Restraining Order Affect Housing Opportunities?

Landlords often conduct tenant background checks that include civil court records. A restraining order may raise concerns about potential conflicts, as landlords may view restraining orders as indicative of personal disputes or legal troubles that could disrupt other tenants. There are also safety risks that landlords may be cautious about when renting or leasing to tenants with restraining orders, especially in cases involving domestic violence.

Although California law prohibits housing discrimination based on specific factors, restraining orders can still indirectly influence decisions by landlords.

How to Remove or Modify a Restraining Order in California

Expungement and Modification of Restraining Orders

Restraining orders cannot be directly “expunged” like criminal records, but they can be modified if the protected party requests changes to the order’s terms. For example, restrictions on contact may be lifted if both parties agree to amend the order. They can also be terminated if the restrained party petitions the court to dissolve the order if they can demonstrate that it is no longer necessary. Evidence, such as proof of compliance with the order and significant time elapsed since its issuance, can support the petition. However, petitioning for these changes often requires strong legal representation to handle the court process and present a compelling case.

Legal Advice for Individuals Affected by a Restraining Order

Seeking legal advice for restraining orders is crucial for protected and restrained parties. Lawyers can assist in petitioning for modifications or termination of orders, provide representation during hearings to contest or enforce orders and advise steps to minimize the impact of a restraining order on background checks, such as requesting record sealing where appropriate.

Protect Your Rights with jD Law Criminal Defense Attorneys

Restraining orders can have far-reaching effects on your life, from employment to housing. At jD Law Criminal Defense Attorneys, our San Diego criminal lawyer understands the complexities of California restraining orders and can help protect your rights. Call our law firm at (760) 630-2000 for a consultation and take control of your situation today.