Legal Question in Criminal Law in California

Temporary Emergency Protective Order

Will a record of a civil or criminal temporary restraining order after it has expired be accessable to other law enforcement agencies (state or federal), private detectives, or any one else for that matter? Also, do law enforcement or other government agencies (state or federal) have the ability to access civil and criminal records after they have been removed from ones record or after many years? I have two misdeamenors (DUI and tresspassing @ Disneyland) 13 & 17 years ago along with a temp rest order from 3-4 years ago. I don't wish to disclose any of this information to employers or whoever at this point.

Thankyou for your help.


Asked on 7/01/06, 2:08 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Temporary Emergency Protective Order

Yes, to all your questions. Agencies and employers can access and see them. But, if you seek and obtain expungement of a California conviction, it does not have to be disclosed on private employment applications. The DUI can not be expunged, the tresspass can be. The TRO is not a 'conviction' to be disclosed, so it can't be expunged; it does bar you from firearms ownership. You still would be advised to have the trespass expunged, since it is a criminal conviction, whereas the DUI is widely understood and tolerated as not being 'criminal'. Contact me if you want to pursue this.

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Answered on 7/02/06, 6:04 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Temporary Emergency Protective Order

These records are permanent and will be visible forever unless you get a court order to either seal or expunge them.

Credit reports go away after a set time but court records do not. Even though your restraining order will expire, its existence and its terms will remain matters of public record, as will the documents filed in the case.

Misdemeanors can be expunged, which means they will be removed from public view but not from the view of police and other government entities. In order to have the records expunged you will have to show that you have reformed your ways; a recent TRO is likely to be a problem though you may be able to overcome it.

TROs cannot be expunged, since they are civil matters and expungement is only available for criminal convictions. Under very unusual circumstances they can be sealed, but I see no reason to believe such circumstances are present here. You are probably stuck with this on your record.

Few people with records actually want prospective employers to know about them, but the reason the records are made public in the first place is to ensure that the information is publicly available. Your wish to conceal your past will not matter to the courts.

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Answered on 7/01/06, 6:09 pm


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