Worried a restraining order might impact your job prospects? You’re not alone. In today’s competitive job market, any blemish on your record can feel like a red flag. But does a restraining order really stand in the way of employment? The answer isn’t always black and white.
In this article, we’ll explore how restraining orders show up in background checks, what types of jobs may be affected, and what you can do if you’re worried about your employment chances.
What Is a Restraining Order?
A restraining order—also known as a protective order—is a legal document issued by a court to prevent one person from contacting or approaching another. These orders are often used in cases involving:
- Domestic violence
- Stalking or harassment
- Threats or intimidation
While restraining orders are civil (not criminal) matters, they can still have significant implications depending on their nature and visibility in public records.
Do Restraining Orders Show Up in Background Checks?
Yes, but it depends on the type of background check.
A key concern is whether a potential employer will see the restraining order when running a background check. Here’s how it usually works:
- Civil restraining orders may show up in civil court record searches, which aren’t part of standard background checks unless the job requires an extensive vetting process.
- Criminal restraining orders, which are issued in connection with a criminal case, can appear in criminal background checks and are more likely to raise red flags.
Government jobs, law enforcement, or positions with vulnerable populations (like children or the elderly) are more likely to involve deeper background investigations.
How a Restraining Order Could Impact Employment
1. Jobs Requiring Security Clearance or Background Screening
For roles involving national security, law enforcement, or sensitive data, even a civil restraining order may require explanation. Employers in these fields may view any legal issues as a risk.
2. Positions Involving Vulnerable Individuals
If you’re applying for jobs in education, healthcare, or social services, a restraining order—especially one related to violence or harassment—can raise concerns about safety and professional conduct.
3. General Private Sector Jobs
Most employers in the private sector may not access or consider restraining orders unless:
- They conduct comprehensive background checks
- The order is tied to criminal charges
- The role involves high trust or public visibility
Can You Be Legally Denied a Job Because of a Restraining Order?
In most cases, no—but it depends on context.
Anti-discrimination laws generally protect individuals from being denied employment solely based on civil matters like restraining orders. However, if the restraining order is tied to criminal conduct, an employer may be justified in considering it.
Employers must also follow the Fair Credit Reporting Act (FCRA) if using third-party background checks. This law requires them to:
- Notify you if adverse action is taken based on the report
- Give you a chance to dispute any inaccurate information
What You Can Do if You Have a Restraining Order
Be proactive and prepared:
1. Be honest during the hiring process.
If you anticipate that the restraining order may come up, be upfront in interviews—especially if the job requires a background check.
2. Know your rights.
Understand local laws about background checks and how employers can use that information.
3. Seek legal advice.
If you believe the restraining order is harming your job search unfairly, a legal professional can help with expungement or clarification.
4. Gather character references.
Solid references and a strong employment history can often outweigh concerns about a past restraining order.
5. Consider sealing or modifying the order.
In some jurisdictions, you may be able to petition to seal court records or request a modification if the order is outdated or no longer relevant.
Employers’ Perspective: Risk Management vs. Second Chances
While some employers may be cautious, others value second chances and judge candidates on their overall qualifications. Many companies are shifting toward fair chance hiring practices, focusing on skills and potential rather than past legal issues.
Final Thoughts: Don’t Let a Restraining Order Define Your Future
A restraining order can complicate your job search—but it doesn’t necessarily end it. Whether or not it affects your employment depends on the type of job, depth of the background check, and context of the order.
Take control of your narrative. Know your rights, be transparent when necessary, and focus on building a strong professional reputation.
Andre Cuevas provides career insights, job search strategies, and professional advice to help individuals navigate the job market and achieve their career goals.
