Each year, thousands of protective orders are filed across the country against individuals and many of these people wonder how having a protective order filed against them will affect them in the future. The main concern for these people has to do with the protective order and background check reports that may be run on them in the future. Will the protective order show up on the background report?

The answer, surprisingly, is both yes and no. Many basic background check reports do not search database files for protective orders so many of the free background check reports secured by many employers will not reveal the protective order. On the other hand, the more detailed background checks do search for this information and if a protective order is found, it is noted in the background check report.

There are some types of background checks that require that protective orders be disclosed to the person searching for information. Under recently passed gun laws, anyone with an active protective order against them is not allowed to purchase a firearm in the United States. Gun dealers are required to request a background check on individuals that are interested in purchasing a firearm and if an active protection order is found, the dealer is not allowed to sell that person a firearm.

Many employment positions that require the use of weapons, such as police officers, will reject an employment application if a protective order is active against that person. Many other companies may look askance at a protective order appearing on someone's background check, but unless multiple protective orders have been lodged against the applicant, the company will not consider that person a threat. Companies that only do basic background checks on their employees or only look at felony criminal convictions may never even know that a person has a protective order and background check reports will not list the information.

If a person has a protective order and background check information reveals it to potential employers, the person can try to have the protective order rescinded in court. The person who the protective order is against will have to make their case in court and convince the judge that issuing the protective order was not necessary to begin with. If the judge decides to keep the protective order in place, then the individual will have to wait until the protective order has expired to get the information removed from their background check.

If you are concerned about the protective order and background check, it may be best to consult a lawyer that is well versed in the laws of that particular state and discuss what options may be pursued on your behalf. Because of current laws, very little proof is needed for a judge to file a protective order against someone and most will generally err on the side of caution and grant the orders to most of the people that ask for them. Although the protective order may be baseless, it will still have the same effect if a potential employer spots it on your background check.