Does Contempt of Court Go on Your Record: Civil vs. Criminal Contempt & Background Checks

Civil Contempt vs. Criminal Contempt

The distinction between civil and criminal contempt determines nearly everything about whether the finding becomes a permanent record, appears on background checks, or can be expunged. According to the Cornell Law School Legal Information Institute's definition of contempt, the two types operate differently: civil contempt is remedial (meant to coerce compliance), while criminal contempt is punitive (meant to punish past defiance). Courts apply different procedural protections depending on which type is charged.

Civil Contempt

Civil contempt is used to coerce compliance with a court order - for example, failing to pay child support, ignoring a subpoena, or violating a restraining order. The purpose is to compel behavior, not punish. Learn more about expungement vs. record sealing on our blog.

• Does not create a criminal conviction
• The finding is typically part of the underlying civil or family court case record
• Is not typically reportable as a criminal offense on background checks
• Confinement for civil contempt ends when the person complies ("the keys are in your pocket")

Criminal Contempt

Criminal contempt is punitive - it punishes past conduct that defied the court's authority. Unlike civil contempt, it carries full criminal procedural protections and can result in a permanent criminal record.

• Can result in a criminal conviction with fines or imprisonment
• May appear on criminal background checks depending on how it was charged and processed
• Are prosecuted like criminal offenses with due process protections
• Can be charged as a misdemeanor or felony depending on severity

How Contempt Appears on Background Checks

Criminal contempt convictions may appear in criminal background checks as misdemeanor or felony convictions - the same as any other criminal offense. Civil contempt findings, being part of the underlying civil or family court case, are not typically reported as criminal offenses but may appear in comprehensive civil record searches. The key question is whether the contempt resulted in a criminal conviction - not just a civil finding.

The United States Courts publishes guidelines for how federal court records - including contempt proceedings - are maintained and made publicly accessible through PACER and other federal systems. State court contempt proceedings follow state-specific rules on public access, which vary significantly. See our full guide on court records on background checks to understand how these records flow into consumer background check databases.

Can Contempt of Court Be Expunged?

Criminal contempt convictions may be eligible for expungement under state law, depending on how they were classified (misdemeanor vs. felony) and your state's expungement statutes. The Cornell Law School Legal Information Institute's contempt entry provides a clear overview of how courts classify contempt proceedings - which directly affects whether expungement is available under criminal statutes.

Civil contempt findings are part of the underlying civil or family court record - expungement of those records follows the rules for that type of case (civil judgments are generally not expungeable; family court records vary by state). Even when expungement is not available, online removal is still an option: data broker sites and background check aggregators that have published contempt findings can be asked to remove them through opt-out requests and FCRA dispute processes, regardless of whether expungement is in play. See our guide on court record removal vs. expungement for the full comparison.