What to do if I was the victim of a false civil protective order about 3 years ago, but it is showing up on my criminal background?
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What to do if I was the victim of a false civil protective order about 3 years ago, but it is showing up on my criminal background?
I am a public servant, a firefighter, paramedic, and peace officer. I am afraid having this show up on my criminal background check will hurt me in my career. I have talked to a couple of different lawyers and they don’t know how they can have it removed from my record. That would be my preference, but I just read that civil items aren’t supposed to show up on a criminal background check in TX even though this does. If I can’t have it removed. Can I at least have it not come back on criminal background checks? I now have hard evidence that the accusations made to get this PO were lies.
Asked on July 21, 2011 Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You need to consult with a criminal law lawyer to see if this civil protective order that you deem false can possibly be "expunged" or canceled. If so, then that would be the way to go to keep it showing up on your criminal background check.
Another option would be to have a petition filed in the civil case where the false civil protective order arose seeking to either eliminate the order, or seal the file so as to prevent its contents from being able to pop up for criminal background check information purposes. If the entire file is sealed, then there is a good chance that you can have the reference to you in the background checks eliminated completely.
Good luck.
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