Can I Get My Domestic Violence Order Expunged from My Background Check?
Domestic violence is a serious issue that affects many individuals and communities. If you have been involved in a domestic violence incident, you may be concerned about the long-term impact on your career and personal life. One of the primary concerns is whether a domestic violence order can be removed from your background check. This article aims to provide clarity on the subject, addressing common questions and providing guidance based on information from various legal sources.
Understanding Domestic Violence Orders
A domestic violence order, also known as an order of protection, is a legal document issued by a court to protect an individual (the victim) from further harm by the perpetrator. These orders can be issued during or after domestic violence incidents and are designed to ensure the safety and well-being of the victim.
Expungement and Background Checks
Expungement refers to the process of having a legal record of a crime or past charge destroyed and removed from public view. However, the process and potential for expungement can vary widely depending on jurisdiction, the nature of the offense, and specific laws governing expungement in that area.
Legal Considerations
General Rule: In many states, domestic violence orders are generally not expunged. These orders remain on public records and can be accessed by various entities, including law enforcement and employers. This is a critical consideration for those concerned about their employment prospects.
Employment Implications: Depending on the nature of the domestic violence incident and the specific state laws, involvement with a domestic violence order can significantly impact employment opportunities. For instance, in states like Illinois, Illinois law (725 ILCS 5/1-102 et seq.) prohibits hiring individuals who have faced domestic violence charges, especially those involving children. Similarly, in Chicago Public Schools, the presence of a domestic violence order may preclude an individual from securing employment in certain positions.
Civil vs. Criminal Cases: The nature of the protective order (civil vs. criminal) can also play a role in its expungement potential. Civil orders, which are typically issued by civil courts, have a more limited scope and may be easier to have expunged compared to criminal orders issued by criminal courts. However, even civil orders can remain on public records for a considerable period.
State-Specific Considerations
As mentioned, the expungement of domestic violence orders can vary significantly by state. For instance:
Texas: In Texas, domestic violence protective orders expire after a certain period and are generally not expunged. They remain on public records and can be accessed by law enforcement.California: In California, an individual can apply to have a domestic violence protective order expunged after a waiting period. However, the order remains in police records and can still be accessed by law enforcement and potential employers.Illinois: Illinois law is specific and stringent. As previously mentioned, domestic violence protective orders generally cannot be expunged and will remain on public records indefinitely.Therefore, it is crucial to consult local legal resources and understand the specific laws and regulations in your state.
Consulting a Lawyer
Seek Professional Advice: Given the significant implications of domestic violence orders on employment and personal life, it is advisable to consult an attorney who specializes in expungement and domestic violence cases. They can provide guidance specific to your situation and state laws.
Conclusion
In conclusion, the expungement of domestic violence orders is generally not possible and can pose significant challenges when it comes to employment, especially in positions involving children. Understanding the specific laws in your state and seeking legal advice can help navigate this complex issue and potentially mitigate its impact on your life and career.