If you have a warrant issued against you in one state, will it show up in another.
The short answer is “sometimes.”
Warrants can and often do show up in other states. However, the specifics depend on the type of warrant and the seriousness of the offense.
Ignoring an out-of-state warrant can have significant consequences, even if you believe it’s unlikely to be enforced.
We’ll break down how warrants work, when they’re likely to be discovered, and what you should do if you think one has been issued against you.
As always, if you or someone you know needs legal help for a specific situation, it’s a great idea to speak with an experienced criminal defense attorney. Call the Helfend Law Group at 800-834-6434 for a free case review.
- What are warrants and how do they work?
- How California shares warrant information with other states
- When is an out-of-state warrant likely to be discovered?
- How does the extradition process work?
- Charges that likely won’t result in extradition
- What to do if you believe you have an out-of-state warrant
- Other things to keep in mind
- Get legal help today
What are warrants and how do they work?
A warrant is a legal order issued by a court or magistrate that gives law enforcement the authority to take a specific action, such as arresting a person or searching their property. T
here are several types of warrants, but the most common include:
- Arrest Warrants – Issued when there is probable cause to believe a person has committed a crime. These authorize law enforcement to take the individual into custody.
- Bench Warrants – Typically issued when someone fails to appear in court or comply with a court order. These may not always involve criminal charges but still carry legal consequences.
- Search Warrants – Allow law enforcement to search a specific location for evidence related to a crime. These typically don’t involve the individual directly unless evidence ties them to criminal activity.
Once a warrant is issued, it is often entered into national databases like the National Crime Information Center (NCIC), making it accessible to law enforcement agencies across the country.
How California shares warrant information with other states
In California, warrant information is primarily shared through the NCIC. When a warrant is issued in California, law enforcement agencies often enter it into the NCIC, making it accessible to officers across the country.
This ensures that even if someone leaves California, their warrant can still be discovered during routine checks, such as traffic stops or airport screenings. California also integrates its own state-level databases with the NCIC to keep information accurate and up to date.
California has a number of regional and interstate agreements to enhance information sharing with other western states.
Neighboring states like Nevada and Arizona often collaborate with California to address cross-border crimes, and California’s participation in multi-state task forces strengthens this coordination.
While smaller municipal warrants might not always appear in the NCIC, serious charges and felony warrants are almost always entered.
When is an out-of-state warrant likely to be discovered?
Out-of-state warrants are often discovered under the following circumstances:
1. During traffic stops
Police routinely run background checks during traffic stops. If your warrant is in a national database, it will likely show up, no matter where you are.
2. Background checks for jobs or housing
Employers or landlords conducting background checks may uncover warrants, particularly for serious charges. Even if the warrant is not directly enforced, it could still cost you a job or housing opportunity.
3. Immigration and passport applications
Applying for a passport or interacting with immigration authorities often triggers thorough checks of criminal databases.
How does the extradition process work?
If you’re arrested in one state for a warrant issued in another, the extradition process determines whether you’ll be transferred back to the issuing state to face charges. Extradition is more likely for serious crimes, as states are highly motivated to enforce warrants for felonies like murder, sexual assault, or significant drug offenses. These charges almost always result in extradition due to their severity.
In contrast, less serious offenses like shoplifting or petty theft may not lead to extradition because of the high costs and logistical challenges involved. However, the warrant itself doesn’t disappear—it remains on your record and could create issues in the future, such as during traffic stops or background checks.
If extradition is pursued, you may have the right to an extradition hearing in the state where you were detained. This hearing assesses whether there is enough legal basis to transfer you. The process can take weeks or even months, depending on the states involved and the complexity of the charges.
Charges that likely won’t result in extradition
Some warrants for less severe offenses may not trigger extradition due to the costs involved. These might include:
- Minor traffic violations.
- Low-level misdemeanors like disorderly conduct.
- Bench warrants for unpaid fines or missed court dates in minor cases.
However, even if extradition doesn’t occur, the warrant will likely remain active. This means you could still face penalties if stopped in the issuing state or if the warrant is later upgraded.
What to do if you believe you have an out-of-state warrant
- Verify the warrant –The first step is confirming whether a warrant exists. An attorney can help you check court records or databases to determine the status of the warrant.
- Avoid Risky Situations – If you suspect there’s a warrant, avoid activities that might trigger law enforcement checks, such as international travel or applying for certain licenses.
- Do Not Ignore It –Warrants do not expire. Ignoring one only increases the likelihood of unexpected consequences, such as arrest or additional charges.
- Consult an Attorney – An experienced criminal defense lawyer can:
- Help confirm the warrant.
- Advise you on whether the warrant is likely to lead to extradition.
- Work with the issuing jurisdiction to resolve the matter, possibly avoiding jail time or extradition altogether.
Other things to keep in mind
While warrants don’t expire, the statute of limitations for the underlying offense may affect whether the state can still prosecute you. An attorney can review your case to determine if the statute of limitations has run out or if the charge can still be pursued.
In many cases, it’s possible to clear warrants proactively by negotiating with the issuing court. This might involve paying fines, completing community service, or appearing remotely to resolve the matter without risking arrest. Addressing the warrant before it escalates can save you time and stress.
Warrants can also create significant challenges for international travel and immigration applications. They may lead to detention during airport screenings or negatively impact visa or citizenship proceedings. Resolving warrants before traveling or dealing with immigration authorities is essential to avoid serious complications.
Get legal help today
An out-of-state warrant is not something to take lightly. Whether it’s a bench warrant for a missed court date or a serious criminal charge, ignoring it can lead to severe and unexpected consequences. Don’t let a warrant hang over your head or derail your life. The Helfend Law Group has over 40 years of experience helping clients resolve warrants, avoid extradition, and protect their future.
Contact us today at 800-834-6434 for a free consultation. We’ll evaluate your case, guide you through your options, and work to get the best possible outcome.
Published December 21, 2024.