Call
If you’re wondering “Do restraining orders show up on background checks?”, the short answer is: Yes, they can.
In New Mexico, a restraining order, also known as an order of protection, may appear on certain types of background checks. Whether it shows up depends on the type of order and the purpose of the check. This matters a lot if you’re applying for jobs, housing, or a professional license. Let’s break it down.
Do Restraining Orders Show up on Background Checks: What Is a Restraining Order?
Before answering whether Do Restraining Orders Show up on Background Checks, let’s first discuss what it is.
A restraining order is a legal order issued by a court to prevent someone from contacting or approaching another person. These orders are often used in domestic violence cases, but they can also arise from civil disputes or harassment claims.
You don’t need a criminal conviction for a restraining order to be issued. That’s why they can be misleading in background reports, especially when based on false allegations.
Types of Restraining Orders in New Mexico
There are three main types of restraining orders:
- Emergency Orders – Temporary and issued quickly, often without a hearing.
- Temporary Orders of Protection – In place until a court hearing is held.
- Permanent Orders of Protection – Issued after a hearing; can last years or be indefinite.
All of these can end up on public record, which means they can be seen by employers, landlords, and others running background checks.
So, Do Restraining Orders Show Up on Background Checks?
Yes, in most cases, restraining orders do show up on background checks. This includes:
- Employment background checks
- Rental applications
- Professional license reviews
- Government security clearances
Most restraining orders are civil matters. However, they still appear in court databases, and many background check companies pull civil court records as part of their standard review.
Why This Matters
Having a restraining order—even without a criminal charge—can raise red flags. Employers or landlords may not understand the context. You could lose opportunities because of something that never led to a conviction.
If you’re facing a false domestic violence claim, it’s crucial to fight the order and work with an attorney. Even dismissed or expired orders can linger in court records.
Can You Remove a Restraining Order from Your Record?
In some cases, yes. You may be able to petition to seal or expunge records of a restraining order, especially if:
- The case was dismissed.
- The order expired and was not renewed.
- The order was based on false or weak evidence.
You’ll need a lawyer familiar with expungement in New Mexico to help you navigate this. Visit our Expungement Services page for more information.
How a Lawyer Can Help
If you’re dealing with the effects of a restraining order on your record, or if you’ve been wrongly accused, legal help is essential. An experienced attorney can:
- Challenge the order in court
- Represent you in hearings
- Petition to seal or expunge the record
- Help you avoid long-term damage to your reputation
Amador Law Firm‘s team understands how serious this is. Our team has years of experience defending clients against false domestic violence claims in NM and navigating restraining order defense in Albuquerque courts. The longer a restraining order remains on your record, the more damage it can do. If you’re unsure about your legal standing or want to explore your options, reach out to us for a consultation.
Visit our Albuquerque office, or contact our team to get the guidance you need.