Check For Capias Warrants By State

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Check For Capias Warrants By State 🔷

Capias Warrant Check - What They Are & How to Check for One

A capias warrant is a serious civil legal matter that most people do not fully grasp until it directly affects them. Whether issued for a civil matter, or sometimes for criminal charges, a court issued capias warrant has the potential of law enforcement arresting a person and taking someone into custody until their court appearance. While, the majority of the time these are considered civil infractions, they occasionally are tethered to criminal cases where a person can be subjected to additional charges and jail time. It’s important to address these immediately as they do not go away and can lead to additional charges, fines and incarceration.

In the following sections, we will cover what a capias warrant is, how to run a capias warrant check, the implications of having a civil capias warrant issued in your name, and what steps to take if you discover one exists.

What Is a Capias Warrant?

A capias warrant (translated from the Latin phrase “Capias ad Respondendum”, referring to “You Need to Answer”) which is a court order directing someone to appear in court, whether it’s of their own will, or in some cases, forcefully by law enforcement.

These differ from arrest warrants that are based on allegations of crimes, these are frequently issued because of non-compliance with a court requirement. The most common reasons these are issued are from these civil violations:

Capias warrants can exist for both criminal and civil cases, but the majority of these warrants are issued for civil violations. However, if this civil warrant is ignored, it can lead to an arrest warrant being issued where that person will be apprehended, and detained until their court appearance.

How to Run a Capias Warrant Check

Capias civil warrants are considered public records, which means they can be searched without needing to obtain special permission. It is important to note that availability may vary by state and county, not all jurisdictions will publish civil capias warrants online. Here are some of the most common ways to check for these warrants online:

1. County Court Clerk Websites

The majority of county county courts in every state will publish warrant and case information online. Searching by name or case number is often the best way to lookup these through the respective courthouse websites. If you cannot find what you are looking for online, contact the clerk of the courts directly for assistance.

2. Sheriff or Law Enforcement Databases

Many sheriff’s offices maintain searchable warrant databases that may include criminal related capias warrants. However, since these are mostly considered civil matters, not all sheriff departments will host this information for public viewing.

4. Third-Party Public Records Services

Most background check websites and public-records platforms will aggregate public warrant data across the United States, and allow searches by name or court case number. One of the benefits of using these services is your searches are anonymous, and you can search multiple jurisdictions at once. Many of these services will also allow national searches which can be helpful if you are uncertain where a warrant was issued.

What to Do if You Have a Capias Warrant

If you discover, or have as suspicion, that a capias warrant has been issued in your name, take action ASAP to verify it and deal with it before you encounter any additional consequences.

1. Do Not Ignore It

Capias warrants do not expire simply because time passes, as there is not a statute of limitation. Ignoring the issue can leads to additional consequences.

2. Contact an Attorney

Consulting with a qualified attorney can be helpful for these reasons:

a). Review the underlying case and it’s validity

b). Contact the courts on your behalf and potentially have it dismissed

c). Arrange for you to make a voluntary appearance to be in compliance

d). Help reduce any penalties or avoid being detained by law enforcement

3. Verify the Warrant Details

Verify the specific details is very important, by confirming these details:

a). Where and when the courts issued the warrant

b). The specific reason and details for the warrant

c). Any required payments, documents, or court orders

4. Arrange a Court Appearance

By voluntarily addressing the courts about your warrant will often result in a better outcome for you than being arrested and brought to court.

5. Comply With the Court Order

Resolving the original issue is a good first step. Whether it’s a delinquent payment, missed appearance, or lack of documentation. This is usually the fastest way to have the warrant recalled or quashed by a judge.

Capias Warrant

Capias Warrant Details

Having an active capias warrant issued in your name can lead to a multitude of serious consequences, including:

1). Being arrested during routine traffic stops and ID verifications.

2). Being detained by law enforcement until a court appearance or posting bail.

3). Additional penalties including fines, court costs, or community service.

4). Charged with contempt of court.

5). Negative marks on background checks.

6). Travel limitations and various complications in some jurisdictions.

While these warrants are mostly civil in nature, law enforcement can be legally authorized to arrest and detain you, even without notifying you first.

However, for civil legal matters that were a result of a failed court order, you can often rectify your situation by complying with the original order by paying overdue fines or rescheduling a missed court appearance.

Frequently Asked Questions About Capias Warrants

How serious is a capias warrant?

While they are serious civil legal issues that are likely a result of a failed court order, they rarely lead to someone’s arrest. However, these do not expire and need to be dealt with in a timely fashion or additional fines and penalties can be tacked on.

Can I bond out of a capias warrant?

Yes, if you are arrested by law enforcement for a civil capias warrant, you have a very good chance of bonding out. The only caveat of this is if the courts deem that you are at flight risk, or might not appear in court on your own free will.

How to handle a capias warrant

The best way to handle one of these types of civil warrants is to comply with your failed court order. If you are uncertain what this is exactly, you can contact the Clerk of the Courts in the county where it was issued to find out how to remedy your situation. After your compliance is documented the capias warrant will be removed or squashed. Make sure to keep a record of your details so that you can use it for any future communications with the courts.

Is a capias warrant a type of bench warrant?

Yes, it is often considered a type of bench warrant but a very specific type. This means that these terms are not interchangeable because a capias warrant, while civil in nature, can lead to law enforcement arresting someone and bringing them to court.

Are capias warrants considered public record?

Yes, all types of warrant are considered public records unless the involve national security issues, or have been sealed by the courts for privacy reasons. For the most part they are publicly accessible by anyone and will show up on a background check.

Do capias warrants show up on a background check?

Yes, if the warrant is active it will show up on background checks as they are part of a person’s public record. This means that you can lookup anyone’s active warrants without needing to get special permission.

Are capias warrants considered criminal records?

Since these types of warrants are mostly civil in nature, they are not bucketed with criminal records unless it leads to a criminal conviction in court, which is rarely the case. These will however, be recorded under a person’s public record.

Do I have a capias warrant?

If you suspect you have an active warrant, you can contact the clerk of the courts in the county that issued it. If you do not know where this might have originated from, you can use a public records website or background check service to look one up since they are considered public record.

Can a capias warrant be removed or quashed?

Yes, this typically only happens when the underlying civil issue is resolved. This can be accomplished by fulfilling the failed court order, such as paying any overdue fines or rescheduling a missed court appearance.

Do capias warrants ever expire?

No, they will remain active until they are resolved, recalled, or once the underlying issue is resolved. There are no statute of limitations on the majority of active warrants.