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LawGirl
LawGirl, Lawyer
Category: Employment Law
Satisfied Customers: 4606
Experience:  I have practiced employment law.
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Does a restraining order which has expired for over 2 years ...

Customer Question

Does a restraining order which has expired for over 2 years show up on a CORI (in Massachusetts) or background check? If it does, how does it affect employment in a teaching position at a university? No charges were pressed back then and no conviction was made.
Submitted: 6 years ago.
Category: Employment Law
Expert:  LawGirl replied 6 years ago.

DearCustomer

Thank you for your question.

Generally, matters of public record will show up on a background check. Since a restraining order is a matter of public record (a court order), it will show up as having been issued against you.

There is no way to assess how this will be adjudicated by your potential employer. This is left to the discretion of your employer. They may require you to explain and realize that you are an asset to the community, or they may have concerns about your ability to fit in at the institution. Many times an employer will hear an employee out on why the order was issued and make an informed decision.

Please let me know if you have any other questions, or require clarification of this matter. Otherwise please hit "ACCEPT", so I may receive credit for my response. Tips and feedback are also appreciated.

Good Luck!

-KAT

 

LawGirl, Lawyer
Category: Employment Law
Satisfied Customers: 4606
Experience: I have practiced employment law.
LawGirl and other Employment Law Specialists are ready to help you
Customer: replied 6 years ago.
Kat,

I have "accepted", and thus, paid I guess. I am still very worried about this. I was not even charged because it was not pressed. It was a case of someone I kept calling when I should have stopped on request, but then I was naive and the order was slammed. My Lawyer did not contest it to avoid any charges. It lasted a year and was never violated. I am so confused and worried... what do you think I should do now? Does the check tell the entire story ...or it simply shows the order? I am sick worried!
Expert:  LawGirl replied 6 years ago.

I can understand why you are worried, this is scary situation.

The check does not tell anything other than an order was issued against you. An employer does not research the facts and will probably not even know why the restraining order was issued. Some employers will see this and want to know the rest of the story, others will not even care. How the employer deals with the information is left to its discretion. The good thing is that there are no criminal charges and there was no civil lawsuit associated with the order, your potential employer will be able to see this too.

Other than wait for the check to be done and then deal with it, there is not a lot that can be done. You can warn your employer before it comes back or deal with it as it comes up. Generally, I think this is something that you will want to handle very matter of factly if it comes up. You can take the approach that it is so not a big deal. Just be honest in fielding the questions from your employer.

LawGirl, Lawyer
Category: Employment Law
Satisfied Customers: 4606
Experience: I have practiced employment law.
LawGirl and other Employment Law Specialists are ready to help you
Customer: replied 6 years ago.
LawGirl,

Thank you for your positive feedback. I am still very disturbed and worried about this issue. I spoke with the attorney who represented me back then on this issue and he said the following:

1. I was not charged, I was not arraigned and I was not convicted of anything
2. So, my CORI (Massachusetts) will not contain any record because CORIs contain only criminal records or records of charges/conviction.

I have read on many internet links that restraining orders end up in CORI and show up in pre-employment background checks, and stop employers from recruiting people with anything like this. Please, help me out with these other questions:

1. Is it possible to be in court, before a judge and not have a prior charge? In other words, why was I in court if I was not charged? Is a hearing the same as an arraignment?
2. Is the judge not making a conviction by making the restraining order permanent for one year? At the hearing, I was not even asked a single question - my lawyer was there - and the entire hearing lasted barely 2 minutes.
3. In truth, will my CORI show any records? How is it likely to influence/affect this teaching job I am considering holding in an institution of higher learning.
4. Any other information pieces are welcome!

LawGirl, please, help me! I have spent over $200 on internet sites digging for answers aside what my lawyer told me.
Customer

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