11 Things You Can’t Do If You Have a Warrant in South Carolina
When you’ve got a warrant out for your arrest, life can get pretty complicated, pretty fast. It’s not just about the constant fear of getting caught—though that’s definitely a big part of it. Having an active warrant can also make it tough to do a lot of the basic things most people take for granted.
From traveling to finding a job to just getting a decent night’s sleep, an outstanding warrant can throw up roadblocks at every turn. And the longer you let it go, the more it can feel like your whole world is shrinking down to the size of a jail cell.
So in this post, we’re going to shine a light on 11 common things you might not be able to do if you have a warrant and how to address it.
1. Travel freely, domestically or internationally
When you have an active bench warrant, traveling becomes risky. You face the possibility of arrest at airports, train stations, and border crossings.
Law enforcement agencies have access to databases that can alert them to your outstanding warrant, making it difficult to move about freely.
Additionally, if you need to obtain or renew a passport, an active warrant in the system can hinder the approval process, as the State Department may only accept your application once you resolve your warrant.
2. Pass background checks for employment
Many employers conduct background checks as part of their hiring process. If you have an outstanding warrant, it will likely show up on these reports, potentially disqualifying you from job opportunities.
Even if you’re currently employed, your employer may terminate your employment if they discover your warrant.
This is particularly true for professions that require licenses, like those in the medical, legal, or financial fields, as an active warrant can jeopardize your ability to maintain or provide services.
3. Rent an apartment or home easily
Landlords often run background checks on prospective tenants to ensure they’re reliable and law-abiding. An active warrant makes it difficult to get a rental property, as landlords may view you as high-risk.
If you’re currently renting and your landlord discovers your warrant, you could be evicted, as some lease agreements include provisions that allow for termination if an owner finds a tenant registered in the criminal justice system.
4. Open new bank accounts or obtain loans
Financial institutions also run background checks when approving new accounts or loans. An active warrant may lead to denying these applications, as banks may view you as a risk.
Banks may also freeze your existing accounts or seize funds if the warrant concerns financial crimes or unpaid debts.
Additionally, an outstanding warrant can make obtaining government benefits or assistance programs difficult, as these programs often require a clean criminal record.
5. Attend court hearings without risk of arrest
If you’re required to attend court hearings for other legal matters, such as child custody or civil cases, having an active warrant puts you at risk of arrest.
When you enter a courthouse, law enforcement may check for outstanding warrants and take you into custody if they discover an active one. This situation can complicate your ability to participate in important legal proceedings and negatively impact the outcome of your cases.
6. Maintain child custody rights easily
An active warrant can strain personal relationships and family dynamics, particularly regarding child custody. If you’re involved in a custody dispute, the other parent may use your warrant as evidence to argue that you’re unfit or unreliable.
Courts prioritize the child’s best interests and may view an outstanding warrant as a lack of stability and responsibility, making obtaining or maintaining custody rights more challenging.
7. Restrictions on firearms possession
In South Carolina, individuals with active warrants may face limitations on their ability to own and possess firearms.
If the warrant is related to a domestic violence offense or you are a fugitive of justice, federal law subjects you to firearm restrictions under 18 USC § 922.
You may also face additional criminal charges and penalties if law enforcement finds you possessing a firearm with an active warrant.
8. Obtain or renew a driver’s license or state ID
An active warrant can create challenges when getting or renewing a driver’s license or state ID. The South Carolina Department of Motor Vehicles (DMV) may deny your application or suspend your existing license until you clear the warrant.
Furthermore, prosecutors may notify the DMV of your failure to appear and cause the agency to hold your license.
The active warrant also impacts your ability to register a vehicle or obtain license plates, as the DMV requires a valid driver’s license for these transactions.
9. Apply for travel visas or green cards (for non-citizens)
Active warrants may jeopardize the immigration status of non-citizens. The government conducts background checks when applying for travel visas or green cards, and an outstanding warrant can lead to the denial of your application.
Sometimes, immigration officials initiate deportation proceedings or bar you from re-entering the country, effectively revoking your permanent resident privileges.
10. Legally change your name
Changing your legal name can be important for various personal or professional reasons. However, the process becomes more complicated if you have an active warrant.
Courts typically require a background check as part of the name change process, and an outstanding warrant will likely result in the denial of your petition until you clear the warrant.
11. Freely participate in other aspects of life
An active warrant also limits your ability to engage in several other life activities.
Some examples include:
- Pursuing higher education, as colleges and universities often conduct background checks for admission.
- Enlisting in the military, which requires a clean criminal record.
- Obtaining insurance, as providers may view you as a high-risk client.
- Accessing healthcare services, particularly if you require government assistance or insurance.
- Filing for bankruptcy, as the court may view you as untrustworthy or uncooperative.
- Adopting children or pets, as agencies prioritize the safety and well-being of those in their care.
- Signing legal agreements, as parties may hesitate to enter into contracts with someone with an outstanding warrant.
Steps to Clear an Outstanding Warrant in South Carolina
The longer a warrant remains outstanding, the more difficult it becomes to resolve, impacting your personal and professional opportunities.
Below, we’ve listed some steps you can take to clear your outstanding warrant.
- Contact a criminal defense attorney — An experienced lawyer can guide you on the best course of action. Your legal counsel will explain your rights, explore potential defenses, and negotiate with prosecutors on your behalf.
- Reach out to local law enforcement — Sometimes, you can clear a warrant by contacting the issuing agency directly. However, it’s wise to retain legal representation before doing so, as the police may take you into custody after appearing at the station or courthouse.
- Consider your options for resolution — Depending on the nature of the warrant and the underlying offense, you may have different options to resolve the issue. Choices include posting bail, appearing in court to address the charges, or entering a plea agreement.
Your South Carolina criminal defense lawyer can advise you on the most appropriate course of action based on your circumstances.
Take Action to Protect Your Future
If you’re facing criminal charges or dealing with an outstanding warrant, you don’t have to navigate this stressful and complicated situation alone. The experienced criminal defense attorneys at Okoye Law are here to provide the guidance and advocacy you need to protect your rights and fight for your future.
We understand the ins and outs of the criminal justice system and know how to build strong, strategic defenses that get results. Whether you’re looking to clear a warrant, beat your charges, or minimize the consequences of a conviction, we’re ready to stand up and fight for you. So don’t wait another day to get the legal support you need.
Contact Okoye Law today to schedule your confidential consultation and take the first step toward putting your criminal troubles behind you.