Restraining orders in Utah can be a somewhat complicated topic of discussion. Although restraining orders are civil orders, they are sometimes connected to criminal cases. Other times, they are related to purely civil disputes. Many people bound by restraining orders wonder if any record of the order exists and whether it could come back to haunt them.
The answer to this question is also complicated. When people talk about their “record,” they are usually referring to a criminal record. Since restraining orders are civil orders, they are not typically reflected in a criminal record. However, since many courts are courts of public record, the public might have access to information about past restraining orders. Whether your past restraining order could come back to haunt you will depend on your unique circumstances.
If you were previously restricted by a restraining order and now want to remove any record of said order, contact our Utah criminal defense attorneys for help. If possible, we can work to have your records sealed. Call Overson & Bugden at (801) 758-2287, and we can conduct a free case review.
Do Restraining Orders Show Up on a Criminal Record in Utah?
Many people are concerned with their criminal record when they talk about restraining orders. However, it should be noted that restraining orders are not always reflected in your criminal record. Restraining orders are civil orders, not criminal. They can be imposed for any number of reasons that have nothing to do with the commission of a crime. As such, a criminal background check is unlikely to turn up some types of restraining orders.
When someone conducts a background check, they are most likely looking for convictions. Even if the order comes as part of a criminal trial, a restraining order is not a conviction and probably will not come up. However, if you were charged and convicted of a crime for violating a restraining order, that information might appear in a criminal background check. Whether or not someone like a potential employer can see any history of restraining orders depends on what kind of check they are running.
Just because a restraining order does not ordinarily turn up in a criminal background check does not mean the records can’t be found. Court documents and law enforcement records will contain information about your restraining order. Mundane information, such as the fact that a hearing was held about a restraining order, will certainly be in court records. If a potential employer or other party runs a court record search, this kind of information will be visible.
If you were at some point subject to a restraining order, contact our Park City criminal defense attorneys, and we can help you figure out if a past order could present a future problem.
Are Records of Restraining Orders Public Record in Utah?
It is more than possible that records of your restraining order are available to the public. This might sound alarming, but do not panic. Just because records are technically available to the public does not mean they are easily accessible or that anyone wants to look for these records. Additionally, a record of your restraining order probably cannot be used against you in something like a job interview.
Courts impose restraining orders, and court records are generally public, barring a few exceptions. This means that everything heard in a court that is “on the record” could be searched for by the public. A hearing on a restraining order and the ruling of the court are likely parts of public record. However, this kind of information is available but not always readily accessible.
Court records are not something that can be found with a quick internet search. To find court records of your restraining order, someone would need to know which court heard your case, and they will usually need to pay for access to court records. If someone does end up with records of a restraining order imposed against you and tries to use it against you, call our Provo criminal defense lawyers immediately.
Can I Expunge the Record of My Restraining Order in Utah?
Since restraining orders in Utah are civil in nature, they are not part of your criminal record to begin with. Therefore, expunging your criminal record may not necessarily affect any record of your restraining order. However, if your restraining order was part of a criminal case, you can expunge your criminal record and have all records related to your case sealed. This would include records of your restraining order.
When expunging your criminal record, people are generally interested in sealing records of convictions. However, if you were arrested and criminally charged but ultimately acquitted, you can still have records of your arrest expunged. How a restraining order ties into your expungement depends on how it was connected to your criminal case. Temporary restraining orders are often automatically expunged when they expire. However, temporary restraining orders that become permanent final orders are a different story.
If you were previously bound by a restraining order connected to criminal charges or a criminal conviction, an expungement might be worth considering. Call our Logan criminal defense lawyers for more details.
Can a Record of a Restraining Order in Utah Be Used Against Me?
Many people want to eliminate any record of a restraining order because they fear it could be used against them. While being bound by a restraining order might be embarrassing, it probably cannot be used against you, depending on the context. However, you should discuss your situation with our Utah restraining order defense attorneys to be sure.
A person’s record can sometimes be used against them in situations involving new jobs, housing, or other opportunities. Some employers will not hire someone if they have serious criminal convictions on their record. However, a restraining order, even if connected to a criminal case, is not a conviction. Additionally, many restraining orders are imposed for civil reasons that have nothing to do with a crime. If someone attempts to use information about a past restraining order to humiliate or intimidate you, our Salt Lake City criminal defense lawyers can help you.
Call Our Utah Restraining Order Defense Attorneys for Help
Many people are bound by restraining orders for various reasons. They are simply another tool employed by our legal system to maintain order. If you need help with the records of a restraining order, contact our Murray criminal defense lawyers for guidance. Call Overson & Bugden at (801) 758-2287 for a free case review.
