Results 1 to 9 of 9
  1. #1
    Join Date
    Jun 2018
    Posts
    1

    Default Will a Civil Protection Order Show Up in a Criminal History Report

    My question involves criminal records for the state of: Idaho

    Will this civil protection order show on my criminal background report?
    It was exparte, then made permanent, for a time. There isnt any crime or conviction involved.
    There was police involved, I was locked out of my own house. Wife called the police, they told her she could not do that.
    She convinced a judge to grant a protection order.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,828

    Default Re: Will a Civil Protection Order Show Up in a Criminal History Report

    You can see the definition of "criminal history" in Idaho Code, Sec. 67.3001, and information on the release of criminal history records at Sec. 67.3008.

    Those statutes do not encompass civil protection orders, but a criminal history could include police report(s) from incidents that led to the issuance of such an order.

    But might a civil protection order show up if the source of the background check is not the state's Criminal History Unit? Depending upon the depth of a background check and sources checked, a considerable amount of information may be uncovered that is not reflected on an official state criminal record.

  3. #3
    Join Date
    Oct 2016
    Posts
    1,116

    Default Re: Will a Civil Protection Order Show Up in a Criminal History Report

    Any type of restraining order/order of protection may show. While not actually part of the criminal record or history, generally when a criminal history is obtained any active orders will show, just as any outstanding arrest warrants will show.

    This may vary by state, but anytime I have run a criminal history on an individual with an order of protection, regardless of whether civil or criminal, it shows up.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,828

    Default Re: Will a Civil Protection Order Show Up in a Criminal History Report

    Quote Quoting Highwayman
    View Post
    Any type of restraining order/order of protection may show.
    Your authority for Idaho is what?
    Quote Quoting Highwayman
    This may vary by state,
    Of course it varies from state to state.
    Quote Quoting Highwayman
    but anytime I have run a criminal history on an individual with an order of protection, regardless of whether civil or criminal, it shows up.
    We're not talking about what shows up in a check run from a patrol vehicle.

  5. #5
    Join Date
    Oct 2016
    Posts
    1,116

    Default Re: Will a Civil Protection Order Show Up in a Criminal History Report

    Quote Quoting Mr. Knowitall
    View Post
    We're not talking about what shows up in a check run from a patrol vehicle.
    I don't run criminal histories out in the field, generally. But it really makes no difference since the inquiry accesses the same information wherever it is run from.

    If I run a criminal history, or even a license check, on an individual from another state and they have an order or protection it will show up.

  6. #6
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,828

    Default Re: Will a Civil Protection Order Show Up in a Criminal History Report

    So, you're not talking about the type of check we're discussing in this thread, and you have no information relevant to Idaho.

  7. #7
    Join Date
    Oct 2016
    Posts
    2,650

    Default Re: Will a Civil Protection Order Show Up in a Criminal History Report

    I can't speak to an Idaho specific Protection order. I can to Arkansas, Texas and Colorado protection orders. I've seen all three on employer type background checks in the last month.

  8. #8
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,828

    Default Re: Will a Civil Protection Order Show Up in a Criminal History Report

    Quote Quoting PayrolGuy
    View Post
    I can't speak to an Idaho specific Protection order. I can to Arkansas, Texas and Colorado protection orders. I've seen all three on employer type background checks in the last month.
    And... a background check is not the same thing as a criminal history report. That was addressed previously, and now has been addressed repeatedly.

  9. #9
    Join Date
    Oct 2016
    Posts
    2,650

    Default Re: Will a Civil Protection Order Show Up in a Criminal History Report

    When I wrote "employer type background check" I meant criminal background check as run by an employer.

    1. Sponsored Links
       

Similar Threads

  1. Criminal Records: Will a Sealed Record Show Up on an Ohio BCI Criminal History Report
    By Nanai921 in forum Criminal Records
    Replies: 2
    Last Post: 02-11-2018, 03:42 PM
  2. Background Checks: When Will a Criminal History Show Up on a Background Check
    By samsmith8 in forum Employment and Labor
    Replies: 2
    Last Post: 02-09-2017, 09:53 PM
  3. Criminal Records: How to Aquire Criminal History Report
    By ILDadX4 in forum Criminal Records
    Replies: 4
    Last Post: 08-18-2010, 08:38 PM
  4. Background Checks: Criminal History Report
    By Wiggles in forum Employment and Labor
    Replies: 1
    Last Post: 05-25-2009, 09:55 AM
  5. Arrest Procedure: When Does an Arrest Show Up on Your Criminal History
    By seacube in forum Criminal Procedure
    Replies: 1
    Last Post: 08-16-2006, 11:01 AM
 
 
Sponsored Links

Legal Help, Information and Resources