A restraining order is a type of injunction, which is a court order requiring or prohibiting certain conduct. In California, a restraining order or injunction can create a court record, and some case information may be publicly available.
Because these orders are often issued in civil proceedings, they do not automatically create a criminal conviction. Restraining orders may also be entered into law enforcement databases, so whether an order appears on your “record” depends on the type of order and the records being searched.
Will a Restraining Order Show up in a Background Check?
Sometimes, depending on the type and depth of the background check. A basic criminal-history search may not show a civil restraining order the same way as a conviction, since the order isn’t a criminal case. A broader court-record search, on the other hand, may locate the restraining-order case, and background-check companies may pull information from public court records where the law allows it.
So essentially, whether a restraining order shows up on a background check depends on what databases are searched, whether the case is public, whether the order was temporary or issued after a full hearing, how old the record is, and what kind of employer, agency, or licensing body is running the check.
Can Other Injunctions Show up on Your Record?
Yes, an injunction can create a court record and may appear in searches of public court records. Whether someone can find it depends on the type of injunction, the court that issued it, and whether the record is public or subject to confidentiality or access restrictions.
An injunction is a court order requiring someone to do or stop doing something. Because injunctions can arise in different types of civil proceedings, they do not automatically create a criminal record. However, violating certain injunctions or restraining orders may result in separate criminal charges.
What Is CLETS, and Why Does It Matter?
CLETS stands for the California Law Enforcement Telecommunications System, and it allows police across the state to access information about restraining orders entered into the system. If the court issues a temporary restraining order or an order after a hearing, identifying information can be entered into CLETS so law enforcement can find and enforce the order. An officer responding to a call anywhere in California can generally look up the order through CLETS.
CLETS is not the same as a public criminal-record database. The confidential CLETS information form isn’t included in the ordinary court file, and access is restricted to authorized court and law enforcement personnel. That means a restraining order can be fully visible to police for enforcement purposes without that particular information being available to an employer or the general public.
Can a Restraining Order or Injunction Be Removed From Your Record?
It depends on what record is being referred to. Some of the records discussed above will stay visible even after the order expires. There’s no single expungement or other process that removes the restraining order from every system at once. What can be done depends on the specific case.
A defense lawyer can review the file and determine whether procedures exist to correct, modify, seal, or otherwise limit access to particular records, and which ones are realistic to pursue in your situation.
Contact Blair Defense Criminal Lawyers To Schedule a Free Consultation With a San Diego Criminal Defense Attorney
A restraining order in California can affect your life in ways that aren’t obvious at first, from background checks and professional licenses to your firearm rights. Whether you’re fighting a new order, dealing with one already in place, or concerned about how an old case is appearing in your records, the right steps depend on your specific case.
Contact Blair Defense Criminal Lawyers today to schedule a free, confidential consultation with a San Diego criminal defense lawyer from our firm and learn about your options.
We proudly serve San Diego County and its surrounding areas.
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