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Q: Does a Restraining Order Show Up on My Criminal Record? ( No Answer,   2 Comments )
Subject: Does a Restraining Order Show Up on My Criminal Record?
Category: Relationships and Society > Law
Asked by: jbelz-ga
List Price: $20.00
Posted: 06 Feb 2006 17:23 PST
Expires: 07 Feb 2006 23:18 PST
Question ID: 442377
I have an active restraining order against me and I was wondering if a
restraining order would show up on my criminal record?

I am applying for a job and don?t know what to do.  Am I lying if I
answered NO to the following question on the job application?

Question::: Have you ever been found guilty of or pleaded guilty or no
contest to or been convicted of a criminal offense or criminal
misconduct other than minor motor vehicle violations in a federal,
state, or local court of law or any other form of competent
jurisdiction (this includes deferred adjudication)?  If yes, please
explain.  Non-disclosure/falsification may lead to dismissal.

I am of the opinion that a restraining order isn't a conviction or
criminal offense - it just is what is says it is: a court order ? I
haven't been convicted of anything, just ordered to do something.  It
isn?t a misdemeanor or a felony, right?  It isn?t a conviction either.
 Isn't it really its own category?  Would it really show up on a
criminal background check or on my criminal record?

If possible I would like to do my own search of my records.  How does
someone go about doing a background check or search for their criminal
record?  Is it by state or is it a nationwide database?  Is there a
central agency and if so, who/what is it?  Is there a way that I could
get my hands on MY "Record" to see what is and what isn?t on it?

Do I go to the police station?  Does more extensive mean more expensive?

I just want to make the best possible decision regarding my
application for this job.

Thank you so much for your help.

Clarification of Question by jbelz-ga on 06 Feb 2006 18:24 PST
For clarification:  My residence and the restraining order in question
is in the State of California.

Clarification of Question by jbelz-ga on 07 Feb 2006 23:08 PST
I guess my question is not whether this would show up on my criminal
record or not but whether a restraining order is considered a criminal

Back to the other point though - what is the most reliable place to
perform criminal background checks in the State of California?
There is no answer at this time.

Subject: Re: Does a Restraining Order Show Up on My Criminal Record?
From: daniel2d-ga on 06 Feb 2006 21:34 PST
You are right on the distinction of this being a court order.
Subject: Re: Does a Restraining Order Show Up on My Criminal Record?
From: fstokens-ga on 07 Feb 2006 12:59 PST
I'm not a lawyer, but I agree that a restraining order is not the same
as being "convicted of a criminal offense".  I have no idea if a
restraining order shows up on a criminal record or background check,
but I think it is safe to assume that the information is "in the
system" somewhere and therefore could be found, or might turn up.  If
there is any chance that an employer could find out about it, it would
look much better if they heard it from you (and that gives you a
chance to explain your position).

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