Does a TRO with false allegations stay on my record? How can I expunge it?

Question

My ex filed a Temporary Restraining Order (TRO) against me with false allegations to remove me immediately, claiming I slapped him, despite having no evidence. Prior to this, he attempted to evict me, but the notice was defective due to procedural errors and was dismissed. Instead of restarting the eviction process, he opted for false allegations. I provided documentation from the police report when he was arrested for domestic violence, along with statements from the District Attorney, my doctor, and other supporting documents showing I was the victim, including an Emergency Housing Voucher. The judge didn't extend the TRO, and it recently expired. I need to know if this remains on my record, and if so, what steps can I take to expunge it? Humboldt Co, CA.

Yuliya Kelmansky · Answer

In California, a Temporary Restraining Order (TRO) itself generally does not create a criminal record, as it is a civil protective order, not a conviction. However, the existence of a TRO—even one based on false allegations—may appear in court records or background checks unless properly addressed. Since your TRO expired and was not extended, this works in your favor. 
 
To protect your record: 
 
1. Obtain certified copies of the TRO and the court’s ruling showing it expired and was not extended. 
2. Request a formal dismissal or sealing – In some counties, you can file a petition to seal or expunge civil protective orders if they were based on false claims or dismissed. In Humboldt County, you would file this request with the court that issued the TRO. 
3. Provide supporting evidence – Include police reports, DA statements, medical documentation, and any other evidence showing the allegations were false and that you were the victim in prior incidents. 
4. Consult a local attorney – An attorney can ensure the petition is correctly filed and increases the chance that the TRO will be sealed or otherwise removed from public access. 
 
In short: The expired TRO does not automatically stay on a criminal record, but taking steps to seal or expunge the civil record will prevent it from affecting future background checks or housing/employment applications.

James L. Arrasmith · Answer

In California, a Temporary Restraining Order (TRO) that expires without extension generally does **not create a criminal record**, but it can appear in certain civil or family court databases and background checks. Since the TRO in your case was based on allegations that were not proven and it was not extended, it typically should not affect your criminal record. However, it might still show up in court records accessible to some agencies or private background checks. 
 
To remove or limit its visibility, you can file a **petition to vacate or expunge the TRO** with the Humboldt County Superior Court. This process formally asks the court to acknowledge that the TRO was based on false allegations and that it should not appear in public records. You will need to provide documentation supporting your claim, including police reports, statements from the District Attorney, medical records, and any other evidence that shows the allegations were unfounded. 
 
Once the court grants the petition, it can **seal or restrict access to the TRO record**, which helps protect your reputation and prevents it from being disclosed in future background checks. It’s important to follow the local court’s procedures carefully and include all supporting evidence. Keeping a copy of the court’s order granting the expungement can be useful if the record appears in the future.

Q: Does a TRO with false allegations stay on my record? How can I expunge it?