Can Employers or Others See My NJ Restraining Order on a Background Check?

Will a Final Restraining Order Appear on my Criminal Record?

If a person is subject to a final restraining order in New Jersey, a common background check will not reveal that he or she was involved in a domestic violence matter. Most common backgrounds reveal a person’s residence history, educational background, military service, credit report, driving record and criminal history. A person’s criminal background will include any arrests, convictions, warrants, and any records showing the individual was incarcerated. Additionally, if a person is a registered sex offender, a typical background check will also uncover the details of their registration requirements.

When can Someone See there is a Restraining Order Against Me?

Generally, when any person performs an ordinary background check, a restraining order will not be included. A restraining order will not appear on a typical background search because a restraining order is a civil violation and not a criminal offense. Many people assume that a deeper background search will still turn one up through the Domestic Violence Central Registry. That is not how the registry works.

When a court finds that a person committed an act of domestic violence and issues a final restraining order, that person is fingerprinted and entered into the state and national domestic violence registries. The purpose of those registries is to allow law enforcement agencies to enforce restraining orders and protect victims from future acts of abuse. They were not built as screening tools.

Under N.J.S.A. 2C:25-34, the Domestic Violence Central Registry is a confidential record system rather than a public database. The statute limits access to a defined group: certain law enforcement agencies, the courts, designated public agencies, surrogates in limited adoption proceedings, and the Division of Child Protection and Permanency for specified child-protection matters. Outside of what the statute expressly authorizes, the registry is not open to public inspection.

In practical terms, this means an employer running a background check on you does not have access to the registry. Neither does a prospective landlord. What does surface on a background check is a criminal charge, and that is a different question, addressed below.

What if I Want to Own a Gun?

If you wish to purchase a firearm, the firearms’ dealer will be able to search your records to determine if you are disqualified from purchasing or owning a gun. In addition, airport security will be able to view your history and may even temporarily detain a person who is subject to a restraining order.

Does a Violation of a Restraining Order go on my Record?

If a person violates a restraining order, the violation will then become available through a common criminal background check. This is because a violation of a protective order is a criminal offense. As mentioned above, a restraining order is a civil matter and therefore, will not appear on a typical background search. However, if a person violates the restraining order, the individual will be charged with criminal contempt and, depending on the circumstances surrounding the violation, will also be charged with another criminal offense such as harassment, stalking, or assault. Accordingly, there will be a record created regarding the charges being brought, the resolution of the matter, and the imposed sentence. This is the most common way a restraining order ends up affecting someone’s employment: not the order itself, but a charge that follows from it.

Need to Avoid an FRO in New Jersey

If you or someone you love is facing the possibility of a final restraining order or is being accused of committing an act of domestic violence, the best thing you can do to prevent these detrimental effects is to avoid an FRO being issued in the first place. The experienced attorneys at our firm are here to help. For more information and a free case evaluation, please contact us at 908-336-5008 for assistance.