Does a Florida injunction show up on a background check?

Respondents ask this because of jobs, licenses, housing and guns. This page separates the places an injunction is recorded, who can see each one, and what changes when the order ends. It is written for respondents; the rest of the response to an injunction is on our guide to responding to a restraining order in South Florida.

Where does the injunction get recorded, step by step?

1. The court file. The petition and orders are filed with the clerk of the circuit court in the county where the case was brought.
2. The sheriff. Within 24 hours after the court issues, changes, continues, extends or vacates a domestic violence injunction, the clerk sends a certified copy to the sheriff where the petitioner lives (s. 741.30(8)(c)1.).
3. FDLE. Within 24 hours after receiving it, the sheriff sends the injunction information to FDLE, and does the same within 24 hours after service on the respondent (s. 741.30(8)(c)3., 4.). The stalking statute has the same steps (s. 784.0485).
4. The statewide system. FDLE runs the Domestic, Dating, Sexual, and Repeat Violence Injunction Statewide Verification System, which transmits the existence and status of injunctions "to and between criminal justice agencies" (ss. 741.30(8)(b), 784.046(8)(b)).
5. When it ends. Within 24 hours after an injunction is vacated or otherwise ended by the court, the clerk tells the sheriff, and the sheriff tells FDLE within 24 hours (s. 741.30(8)(c)6.).

Who can see it?

What can the public see in the court file?

The Palm Beach County Clerk runs a free online database of civil, criminal and traffic court records. Its list of cases not viewable online includes "Petitions for Injunctions until the respondent has been served," which means the case can appear once service is made. The Clerk lists domestic violence injunctions under its Unified Family Court and says only registered users or the attorney of record can see document images in family cases. Florida law bars a county recorder from posting images of court papers in cases governed by the Florida Family Law Rules on a publicly available website (s. 28.2221(5)(a)), and the Clerk says such images remain available for viewing in its offices. Injunctions for protection are governed by Rule 12.610 of those Family Law Rules.

One category is deliberately public online. For a final judgment of injunction for the protection of a minor under ss. 741.30, 784.046 or 784.0485, each clerk must post the respondent's identity, and the fact of the judgment, on a searchable database on its website, unless the respondent is a minor (s. 28.2221(8)(a)). The Palm Beach County Clerk publishes step-by-step instructions for searching these records in its Official Records index. Local court details are on our Palm Beach County page.

A petitioner's address can be kept out of the public file through a separate confidential filing (s. 741.30(3)(b); rule 12.610(b)(4)(B)). The respondent's address and description are on the petition form (s. 741.30(3)(b)).

Does it show up when buying a gun or applying for a license?

For domestic violence and repeat violence injunctions, yes. During a purchase check, FDLE must review available records to determine whether the buyer has had a domestic violence injunction under s. 741.30 or a repeat violence injunction under s. 784.046 entered against him or her, "as mandated by federal law" (s. 790.065(2)(c)1.). A concealed weapons license requires that the applicant not be under such an injunction currently in force, and the Department of Agriculture and Consumer Services must suspend a license or an application when one is issued (s. 790.06(2)(m), (3)). If the injunction ends in a nondisqualifying way, the suspension ends, with an order within 90 days after the licensee submits a copy of the final resolution (s. 790.06(3)). Possession itself is covered in firearms after a Florida injunction.

Can an injunction be sealed or expunged?

Florida's sealing statute is written for "criminal history records" (s. 943.059), and the state courts' brochure for respondents describes an injunction as a civil injunction, not a criminal case or charge. So the usual sealing process for an arrest does not map neatly onto a civil injunction, and the question should be asked about the specific court file. What can change the injunction's status is the court itself: an order that dissolves or vacates it is reported to the sheriff and FDLE (s. 741.30(8)(c)6.), as explained in how a Florida injunction can be changed or ended.

A criminal charge is different. An arrest for violating an injunction, or for the events behind it, creates a criminal history record of its own; the defense of those charges is covered on our violation of injunction page. Whether that record can be sealed is a separate question, covered in who is eligible to seal or expunge a Florida record.

What else can an injunction affect?

The state courts' brochure for respondents lists consequences of a final injunction beyond the court file: immigration status or a citizenship application may be affected; employment, especially in fields that require carrying a weapon, may be affected; professional licenses may be affected; and admission to the military, schools, colleges or universities may be affected. Those are reasons to read a proposed agreed order carefully before consenting, a point covered in what happens at the injunction hearing.

What changes the answer?

• The type of injunction. The purchase check and the license rule name domestic violence and repeat violence injunctions (ss. 790.065(2)(c)1., 790.06(2)(m)). The online minor-protection index covers judgments under ss. 741.30, 784.046 and 784.0485. The types are compared in Florida's five injunctions.
• Temporary or final. The online index applies to a final judgment protecting a minor (s. 28.2221(8)(a)).
• Service. In Palm Beach County, a petition is not viewable online until the respondent is served.
• Whether the order has ended. A vacated or ended injunction is reported to FDLE (s. 741.30(8)(c)6.).
• A related arrest. Criminal records follow their own rules, separate from the civil case. The criminal side is explained on our domestic violence defense page.

A worked example

For example, take a hypothetical respondent in West Palm Beach with a final repeat violence injunction obtained by a former coworker, no children involved, and no arrest. A police officer who stops him anywhere in Florida can learn of the injunction through FDLE's system. If he tries to buy a rifle, FDLE's check looks for a repeat violence injunction, and a concealed weapons license would be suspended while it is in force. The case appears in the Clerk's online index, while document images in family cases are limited to registered users and attorneys of record. Nothing in the record makes it a criminal conviction. If a judge later dissolves the order, the clerk and sheriff report that to FDLE. The example is invented and predicts nothing about a real case.

Common mistakes

• Assuming a civil injunction is invisible because it is not a conviction.
• Assuming it will appear on every job screening; no official source says that.
• Trying to buy a firearm or renew a license while a domestic or repeat violence injunction is in force.
• Waiting for the order to "drop off" instead of asking the court to dissolve it when appropriate.
• Confusing the civil case with a related criminal record, which has its own sealing rules.

What to do this week

1. Note the type of injunction, the case number and whether the final order has an end date.
2. Check whether the order protects a minor, which affects the online index.
3. Hold off on any firearm purchase or license application while the order is in force.
4. If a job or license application asks about court orders, read the question and answer it truthfully.
5. If there was also an arrest, ask a lawyer about that record separately.
6. If circumstances have changed, ask about a motion to dissolve.

Frequently asked questions

Is an injunction a criminal record?

No. The respondent brochure calls it a civil injunction, not a criminal case or charge. Violating it is a crime, and that charge creates a criminal record.

Can police see my injunction in another county?

Yes. It goes into FDLE's statewide system, and every order states that it is valid in all Florida counties (s. 741.30(6)(d)1., (8)(b)).

Will a dating violence injunction stop a gun purchase?

The purchase-check statute names domestic violence and repeat violence injunctions (s. 790.065(2)(c)1.). Any surrender or possession term in your own order still applies.

Is my name posted online?

For a final injunction protecting a minor, the clerk must post the respondent's identity on a searchable website unless the respondent is a minor (s. 28.2221(8)(a)). Other cases appear in the clerk's case index, with limits on document images.

Does the record update when the injunction ends?

Yes, for the statewide system: the clerk and sheriff must report a vacated or ended injunction to FDLE within 24 hours each (s. 741.30(8)(c)6.).

Does a temporary injunction show up too?

The clerk sends issued, changed and extended injunctions to the sheriff, and the sheriff to FDLE (s. 741.30(8)(c)), and the statute does not limit that to final orders.

How can Mr. Mead help?

Mr. Mead has more than three decades of criminal defense in South Florida. He can review the injunction, any related arrest, and what each record means for you, including whether a motion to dissolve or a sealing petition on a related criminal case is worth considering. Every case is different, and no result can be promised. The consultation is free, and you can call 24 hours at (561) 362-6677.

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