If my fiancée has a warrant for his arrest from 2 years ago and we go to the courthouse to obtain a marriage certificate, would the warrant show up on the clerk’s computer?

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If my fiancée has a warrant for his arrest from 2 years ago and we go to the courthouse to obtain a marriage certificate, would the warrant show up on the clerk’s computer?

Could he get arrested? Or should we wait to officially marry until he has finished the fines and taken care of his warrant?

Asked on July 3, 2015 under Criminal Law, Illinois

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

As a general rule, the clerk's don't run background checks before they issue marriage certificates.  However, if the charge is out of the same county where the marriage license will be issued, then they could happen to see the warrant during the process and alert law enforcement.  (This would also depend on how the clerk's programs were set up)

Even though you don't have to, I would recommend telling your finacee to get these matters resolved before you get married.  The nature of your question makes it sound like these aren't major charges, so taking care of them should not be a huge burden.  You are about to start a new life together-- and you don't need something stupid looming over your head.  If these are major problems, then you need to know before you jump into this marriage-- especially if he hid details about his history from you.  Knowledge is power, and you make more powerful decisions with more knowledge. 

 


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