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MyraB, Lawyer
Category: Criminal Law
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Experience:  I have over 20 years experience in criminal law and civil litigation from pre-trial practice to appeal.
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In new York does order of protection go in my criminal rec

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In new York does order of protection go in my criminal record?

Hello and thank you for your question.

All court proceedings become part of public record. It is a question of which court this is, and who may want to do a background search.


A criminal court order of protection may only be issued against a person who has been charged with a crime. A criminal order of protection would be included in a person's criminal record.


Employers generally only search criminal records, and not civil. Therefore, if this action was in a civil court, it is unlikely to show up for scrutiny at a later date.

If this is a criminal matter and you are not convicted, you may seal the matter and it would not show up on a background search. New York Criminal Procedure Law 160.50 permits the "sealing" of cases where charges were dismissed, vacated, set-aside, not filed, or otherwise terminated.


Also, in NY the summons with notice, petition for an order of protection and temporary order of protection must be personally served (handed to) the respondent. Any person over eighteen years old, except the petitioner, may serve these papers. It is usually served by the police within 24 hours after the temporary order is issued.

Please feel free to ask any follow-up questions.

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