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A Criminal Background Check includes checking each of the following: Federal and North Carolina State Fingerprint Databases. National and North Carolina Sex Offender Registries. NC Administrative Office of the Courts (AOC) database for state name check.
A restraining order does not appear on a criminal background check. But it does appear on a civil background check. Most jobs require both checks and therefore will not allow someone with a restraining order against them.
North Carolina law bans employers from inquiring about an applicant's expunged criminal history, including arrests, charges and convictions. A job applicant in North Carolina also does not have to disclose any expunged criminal history in answering questions on a pre-employment screening questionnaire.
Strictly speaking, a restraining order will usually not appear on a regular criminal background check. Because the order itself is only a civil matter with potential criminal penalties, it will not appear on a report containing only convictions.
Violating a Court Order Penalties In North Carolina, violating a valid restraining order is a Class A1 misdemeanor punishable by up to 150 days in jail, depending on the person's prior criminal record. Further violations of the protection order can increase the penalties significantly.
A DVPO is not a criminal conviction and does not appear on the defendant's criminal record. However, all documents filed in the case are public record.
At this trial, both parties can present evidence to show the defendant did, or did not, commit acts of domestic violence against the plaintiff. If the judge awards the 50B domestic violence protective order, they will require the defendant to stay away from the plaintiff.