If I have a probation bench warrant , can I get an ID in another state without being arrested?

UPDATED: Sep 30, 2022

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If I have a probation bench warrant , can I get an ID in another state without being arrested?

I was on probation for a felony DUI from 5 years ago. I then moved out of state which obviously led my probation officer to issue a bench warrant for me; this happened 2 months ago. Will they run my background and see the arrest warrant and arrest me on the spot? I need an ID for everything from a job to setting up a bank account. What options do I have?

Asked on February 2, 2017 under Criminal Law, Nevada


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The chances of your being arrested when you try to get a new identification card in another state (or even locally), at the department of motor vehicles. The fact is that the DMV is not a law enforcement agency so is not capable of arresting anyone. Additionally, it is doubtful that the DMV would have access to the criminal online system to even know iwhether there is an outstanding warrant out against you. However, there is the possibility that whenever any government agency runs a name that an outstanding warrant will show and they can then notify the police to come and arrest you. Consequently, because warrants don not expire, you really need to take care of it. At this point, you would be well advised to consult directly with a criminal law attorney in the are of where the warrant was issued.

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