I got a restraining order.I was wondering how it will affect my criminal record if I get it vacated? Will my restraining order still show up in my criminal record with the new CORI reform?
Criminal Defense Attorney
A restraining order issued against you is civil in nature; only a violation of said order is criminal. As such, restraining orders themselves do not show up on your criminal record (CORI). Restraining orders are recorded in the statewide Domestic Violence Record Keeping System; the Massachusetts Supreme Judicial Court ruled that even though a 209A order was vacated, the defendant could not have the record of the order expunged from the domestic abuse registry. The exception from this rule is when the defendant can show clearly and convincingly that the restraining order was obtained through a "fraud on the court"; in that situation, a judge has the power to expunge the order from the domestic abuse registry.
Best of luck,