Does an Order of Protection Stay on Your Record?

Domestic orders are a civil rather than a criminal matter in South Carolina, and they are designed to provide protection from family or household members. This means that, if there is an order of protection against you, it will not show up on your criminal record, but if there is an underlying criminal charge, that charge will. If someone is pursuing an order of protection against you, don’t wait to consult with an experienced Kingstree, SC, criminal defense attorney at the Law Office of Cezar McKnight today.

Your Criminal Record

Because orders of protection are civil matters, they do not land on criminal records. As a result, orders of protection don’t lead to criminal records, but this is not the end of the legal and social implications.

Violation of the Protection Order

Orders of protection include terms that the subject must follow to remain on the right side of the law. If you are arrested for violating the terms of an order of protection or are convicted of doing so, it will go on your criminal record.

Further, some orders of protection go hand in hand with criminal charges, such as assault.

When this is the case, there is also a criminal record involved.

Court and Law Enforcement Records

If there is an order of protection against you, it will be filed in family court and will become part of South Carolina’s court records, which are a matter of public information. This means that law enforcement can access the information, which allows them to enforce the order if you are deemed to be in violation.

Standard Background Checks for Employment and Housing

The kinds of standard background checks that are common in relation to employment and housing generally focus on criminal charges and convictions. This means that civil orders of protection are not likely to be of concern.

For jobs that require security clearance, however, more thorough background checks are required, and in these cases, civil orders of protection can be accessed. Law enforcement positions are a prime example.

Gun Possession

Having an order of protection against you will affect your right to possess a firearm. This is a matter of both state and federal law.

Once the Order of Protection Expires

Orders of protection remain in effect for only a specific length of time. Once the order against you expires, it is no longer enforceable. The order’s record, however, will remain in the court files, which are accessible to the public. Under some circumstances, these records can be either sealed or expunged.

An Experienced Kingstree, SC, Criminal Defense Lawyer Can Help

Cezar McKnight at The Law Offices of Cezar McKnight is a formidable Kingstree, SC, attorney who dedicates his imposing practice to helping his valued clients obtain optimal case outcomes and minimize the social impact in the process. We are here for you, too, so please don’t wait to reach out for more information by contacting us online or calling us at 843-374-4529 today.