Does a Restraining Order Show Up in a Colorado Background Check?
In Colorado, a restraining order can significantly impact your life, particularly when it comes to employment, housing, and professional licensing. A restraining order may show up on a background check, depending on the type of restraining order and how the background check was conducted.
At The Bussey Law Firm, P.C., we help people defend their rights when it comes to Colorado protective orders, whether you’re defending yourself against an unfair petition or you want to learn more about the long-term consequences of an order.
Types of Restraining Orders in Colorado
Understanding the visibility of a background check starts with knowing the difference between types of restraining orders issued in Colorado.
Civil Restraining Orders
Civil restraining orders are filed by a private party to prevent harassment, abuse, or threats. They are common in domestic violence cases or neighbor disputes. Though they are civil court matters, they can carry serious implications.
Criminal Restraining Orders
Criminal restraining orders are automatically issued as part of a criminal case, such as assault or stalking. They are tied to criminal proceedings and typically remain in effect while charges are pending or during probation.
Temporary vs. Permanent Orders
- Temporary (TRO): Often issued without a hearing, based on a petitioner’s initial affidavit. It generally lasts 14 days until a full hearing is held.
- Permanent: Issued after a hearing where both parties can present evidence. It can last indefinitely unless modified or dismissed.
Which Restraining Orders Show Up in a Background Check?
A Colorado protective order, whether civil or criminal, can still be visible to private investigators, HR professionals, landlords, and licensing boards, even if the order was never violated
Whether a restraining shows up on a background depends on:
- If it’s a criminal or civil matter
- If the background check includes court public records
- If the order resulted in arrest or conviction
Criminal restraining orders will likely appear in any criminal background check. Civil restraining orders may show up in background checks that pull from court public records, even if no criminal charges were involved. This can include employer screenings, landlord applications, and professional licensing reviews.
- Temporary Civil TRO (Temporary Restraining Order)
- May appear on a background check if court records are included
- Can be visible during landlord screenings or professional licensing checks
- Permanent Civil Order
- Likely to appear, especially in detailed or comprehensive background checks
- Considered public record unless it has been sealed
- Criminal Protective Order
- Will appear on background checks
- Becomes part of a person’s criminal case history
- Dismissed or Expired Orders
- May still appear, depending on whether they were removed or sealed
- These orders are not automatically purged from background databases
How Restraining Orders Impact Background Checks
Employment Background Checks
A civil restraining order doesn’t mean you’ve been convicted of a crime, but it can still raise red flags. Employers performing deep civil record searches may question whether a restraining order indicates a threat to workplace safety.
Employers in education, healthcare, or government are especially sensitive to restraining orders, even those with no criminal conviction attached.
Landlord Screening Restraining Order Checks
Landlords often use background checks to assess potential tenants. A restraining order, especially one involving harassment, threats, or violence, can make a landlord hesitant, even if the order was one-sided or dismissed.
Professional Licensing
Boards overseeing doctors, nurses, lawyers, teachers, realtors, and other licensed professionals often have access to both criminal and civil court records. A restraining order on your record could trigger a review or affect your ability to renew or maintain a license, especially if it’s tied to allegations of violence or misconduct.
Are Protective Orders Public Records in Colorado?
In most cases, court public records related to civil and criminal protective orders are accessible through Colorado’s court system. That means third-party background check companies may pull these records and include them in their reports.
Can You Seal a Restraining Order in Colorado?
You may be able to seal records pertaining to a restraining order in Colorado. An experienced attorney can evaluate your eligibility and file the appropriate motions.
If your civil restraining order was dismissed or never made permanent, you may petition the court to seal the record, especially if it’s affecting your employment or housing opportunities.
Restraining orders connected to criminal charges are harder to seal, but it may be possible if the case was dismissed or resulted in acquittal.
How to Defend Yourself Against Misuse of Restraining Orders
At The Bussey Law Firm, P.C., we defend people in Colorado Springs facing unfair or exaggerated protective order claims, and we work to minimize the long-term impact of these records.
Restraining orders can be misused, especially during contentious divorces, custody battles, or neighbor disputes. A temporary order can be issued based solely on the petitioner’s affidavit, and may be renewed or made permanent if you don’t respond.
To protect yourself:
- Attend the hearing: Do not ignore the notice. Failure to appear could lead to a permanent order.
- Gather evidence: Emails, texts, photos, and witness testimony can help challenge false claims.
- Hire legal counsel: A restraining order can follow you for years. A lawyer can help you fight an unfair order or seek to modify it.
How We Can Help Protect Your Record
Attorney Timothy R. Bussey has over 30 years of legal experience, including work as a former prosecutor and Air Force JAG attorney. Our legal team is uniquely positioned to defend your rights, challenge unfair protective orders, and protect your future from the long-term consequences of a restraining order on your record.
Whether you’re facing a civil restraining order or a criminal protective order, we can help you:
- Fight to prevent a temporary order from becoming permanent
- Seal or correct outdated records
- Navigate employment and licensing issues
- Protect your rights in court
Speak With a Trusted Criminal Defense Lawyer in Colorado Springs
If you’re concerned about how a restraining order could affect your job, housing options, or reputation, don’t wait. These records can have lasting consequences, and you deserve a clear path forward.
Call (719) 475-2555 to learn more today.
