Glendale, AZ asked in Employment Law, Civil Litigation and Civil Rights for Arizona

Q: Will a workplace injunction in Arizona show up on someone’s background check after it expires?

If it is permanent, is there a way to remove it after it expires?

1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA

A: In Arizona, a workplace injunction (also known as an order of protection or restraining order) is a legal order issued by a court to protect an individual from harassment, threats, or violence in the workplace. The duration of the injunction can vary, but it is typically granted for a specific period of time, such as one year.

Regarding background checks and expired injunctions:

1. Expiration: Once the injunction expires, it is no longer legally enforceable. However, the record of the injunction may still exist in court records or databases.

2. Background checks: Depending on the type of background check conducted and the sources used, an expired workplace injunction might still appear. Some background checks only look for current, active orders, while others may delve into historical records.

3. Removal from records: In Arizona, there is no automatic process to remove an expired injunction from court records. However, you may petition the court to have the records sealed or redacted in certain circumstances. This process can be complex and may require the assistance of a legal professional.

4. Disclosure: If an expired workplace injunction appears on a background check, you may need to provide context or explanation to potential employers, depending on the nature of the injunction and the job requirements.

It's important to note that laws and procedures regarding workplace injunctions and background checks can change over time. For the most current and accurate information, consult with a qualified attorney or contact the court that issued the injunction.

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