I have a bunch of old warrants in illinois from about 10 years ago. All misdemeanors ( dui related ). I live out of state and wondering if these will ever come back to haunt me.
Criminal Defense Attorney
My colleague's answer is pure fiction. The only warrants entered into the NCIC system are those for felonies and serious misdemeanors. That means not all misdemeanor warrants are in the system. In some states there is no distinction between serious and less serious misdemeanors. You would have to check IL law, not CO law,to determine if these warrants may be in the system.
Real Estate Attorney
Both attorneys are right. All convictions can be in the database. There is an element of discretion in the prosecutor's hands. Aggrevated or habitual offenses, though initially petty, may be included. The effect can be broad. It can effect a local trial, housing opportunities, security clearances....
Here is a link back to the National Crime Information Center, which clearly states the type of crimes submitted into the NCIC. Under 18 U.S.C. Sec. 924 (e):
(e)(1) In the case of a person who violates section 922(g) of this
title and has three previous convictions by any court referred to in
section 922(g)(1) of this title for a violent felony or a serious drug
offense, or both, committed on occasions different from one another,
such person shall be fined under this title and imprisoned not less than
fifteen years, and, notwithstanding any other provision of law, the
court shall not suspend the sentence of, or grant a probationary
sentence to, such person with respect to the conviction under section
Reference to 922(g) is to:
(g) Whoever, with the intent to engage in conduct which--
(1) constitutes an offense listed in section 1961(1),
(2) is punishable under the Controlled Substances Act (21 U.S.C.
801 et seq.), the Controlled Substances Import and Export Act (21
U.S.C. 951 et seq.), or chapter 705 of title 46,
(3) violates any State law relating to any controlled substance
(as defined in section 102(6) of the Controlled Substances Act (21
U.S.C. 802(6))), or...
The relevant sections of the code suggest that DUI convictions, unless aggravated, will not be entered into the NCIC system. Some states define DUI cases as aggravated once it becomes a habitual offender citation.
This is why you should check with a local attorney to determine the effects from Illinois. More broadly, however, your question can be answered by considering other effects of the warrants. If you are cited locally for a DUI or other crime, the DA may investigate prior convictions and uncover warrants in other states. Also, if you seek security, access may be granted to the files to determine your level of alcohol consumption. See the link to classified information.
[These thoughts are for informational purposes only and should not be considered as complete legal opinions nor legal advice.]
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