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If I have a warrant in one state can I get a driver's license in another state?

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If I have a warrant...
If I have a warrant in one state can I get a license in another state? My warrant is not related to a driving violation and I do not have a license in any other state. Will the DMV computers get my warrant because of my social security number???
Submitted: 7 years ago.Category: Criminal Law
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5/17/2010
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 years ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 28,689
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Jacustomer,

These days states will suspend a driver's license to get a defendant's attention whether the outstanding matter on the warrant is for a driving violation or not. Regardless of the reason for the suspension, however, all states will give full faith and credit to a sister state's warrant. Additionally, all but five states belong to an agreement called the Interstate Driver's Compact. These states share a common data base and notify each other of suspensions and other types of driving violations, under a one driver/one license theory.

So the answer is that if your license is suspended you will not be able to get a driver's license in any of the compact states. The ones that aren't in the compact and don't share suspension information are Wisconsin, Tennessee, Georgia, Massachusetts, and Michigan, but all drivers license applications ask you to disclose previous suspensions and inform applicants that it is a felony to provide false information on the application. So the only way you can get a license in the non-compact states would be to commit fraud. That's not advisable, as now that so much is on the internet, the odds of getting caught are high.

___________

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This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your State for specific legal advice.
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Customer reply replied 7 years ago
I don't have a suspended license I do not have a license. I would like to apply for one in the State I live in. I am just concerned that my warrant in another state will show up, and I will be unable to get a license or an ID for that matter.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 years ago
Thanks for clarifying.

I can't guarantee whether the DMV in your present state will have notice of your warrant or not. If they do, you will likely be denied the opportunity to get a license. Additionally, if the warrant is serious enough, It's entirely possible that your whereabouts will be reported to the wanting state.

I do not know what your warrant is for or what you would be risking going back to the wanting state to settle up the matter, but as I indicated in the first answer I gave you, each state will give full faith and credit to an outstanding state's fugitive warrant. While I would not expect that you'd be arrested at the DMV itself, it's not entirely out of the question, depending on what the warrant is for.

I wish I had different news for you, but the whole purpose of these warrants is see to it that one way or the other, you come back to address it.

___________

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your State for specific legal advice.

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Customer reply replied 7 years ago
The warrant is for a failure to appear on a felony theft charge. I am accoused of stealing money from work.
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 years ago
Hi,

I was afraid you were going to say something like that. You know (or if you don't, I am about to tell you) that if you have a absconder's warrant on a felony matter and are picked up by the police anywhere in this country or at its borders, you can be detained in prison -- most without bail -- until the wanting state determines whether or not to extradite you and bring you back involuntarily to face the embezzlement charge against you. Extraditions cost a state in money and manpower, as they have to send a team over to another state to transport a defendant. So states don't extradite on misdemeanors. But they generally will on felonies or violations of probation or parole.

Fugitive warrants only expire when the court that issued it lifts the warrant, almost always in the presence of the defendant or his lawyer. So you can't count on waiting out a warrant in order to be able to apply for a license. It will be there until you address it.

I can understand perfectly well why you may not want to go back to the other state. You will likely be jailed upon your return because you've established a track history as a flight risk. And if you want to clear up the warrant, you should do so with a lawyer present who can argue for your release and/or bail in an amount that you can make.

If you don't want to go back, then you have to realize that in any situation where you have to get a background check done, you will face some risk. The odds are good that the DMV will find your warrant and at the very least deny you a license.

There's really no way I can make this situation sound prettier to you. I would if I could, but I am stuck with cold hard facts.

___________

If I've helped, please click the green Accept button so I can get credit for my work.

This thread will not close and you can always use it to get clarification.This is informational only and is NOT legal advice. There is no attorney-client relationship. You are advised to consult an attorney in your State for specific legal advice.

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