There is no background check for a marriage license. County clerks do not pull criminal records, run credit reports, contact immigration authorities, or check employment when you apply. The clerk’s role is narrower than most applicants expect: confirm who you are, confirm you’re old enough, and confirm you aren’t already married to someone else. If your documents support those three things and you meet your state’s eligibility rules, the license is issued.
What the Clerk Actually Verifies
Three items get checked, all of them document-based.
Your identity and age, through a government-issued photo ID like a driver’s license, passport, or military ID. Your current marital status, meaning that any prior marriage has legally ended. And that you and your partner aren’t related in a way your state prohibits.
That’s the whole scope. No step in the process involves a government agency investigating your personal history. If the paperwork is in order and you meet the eligibility requirements, the clerk issues the license.
What Is Not Checked
The things people worry about rarely come up at the counter.
- Criminal history. No criminal background check is run. A felony conviction, a misdemeanor record, or pending charges will not prevent you from getting a marriage license.
- Credit and finances. No one pulls your credit report or looks for outstanding debts, bankruptcies, or tax liens.
- Immigration status. Marriage licensing does not require U.S. citizenship or proof of legal immigration status. A valid foreign passport generally satisfies the ID requirement, and county clerks do not report applicants to immigration authorities.
- Employment and income. Your job and earnings are irrelevant to the application.
There is one area where clerks look backward, and it exists to prevent bigamy. Marrying someone while you’re still legally married to another person is a crime in every state. If you’ve been married before, you’ll need to present proof the earlier marriage ended: a certified divorce decree, an annulment order, or a death certificate for a former spouse. This is a documentation check, not an investigation. A valid divorce decree ends the inquiry.
Eligibility You Still Have to Meet
The absence of a background check doesn’t mean anyone can walk in and marry. Several legal criteria still apply.
Age
Every state sets the baseline marriage age at 18, with Nebraska at 19 and Mississippi at 21. At that age, no one else’s permission is required. Below the threshold, the rules get complicated. As of 2025, roughly a third of states have eliminated all underage marriage with no exceptions. The remaining states allow minors, typically 16 or 17, to marry with some combination of parental consent and judicial approval. A handful of states still have no firm minimum age when a judge signs off, though legislatures are moving to close those gaps.
Marital Status
You cannot be currently married to someone else. Any marriage entered while a prior one still exists is void. Some states also impose a brief waiting period after a divorce becomes final before you can remarry.
Relationship Between the Parties
Close blood relatives cannot marry. Every state prohibits marriage between parents and children, siblings, and similar close family. First-cousin marriage is restricted or outright banned in roughly 30 states, with the remaining states allowing it to varying degrees. Second-cousin marriage is legal in virtually every state.
Mental Capacity
Both parties must have the capacity to understand what marriage means and to consent voluntarily. Clerks don’t administer any kind of capacity test, but a court can later annul a marriage if one party lacked the ability to understand the commitment at the time of the ceremony, whether because of mental illness, intoxication, or another impairment.
Documents to Bring
Specifics vary by jurisdiction, but most clerks will ask for:
- A current, unexpired government-issued photo ID. A driver’s license, state ID, passport, or military ID works. Non-citizens can use a foreign passport or permanent resident card.
- Proof of age, usually satisfied by the same photo ID, though some offices accept a certified birth certificate as an alternative.
- Your Social Security number. Most states ask for it on the application. If you don’t have one, some jurisdictions will still process the application; call ahead.
- Proof that any prior marriage ended: a certified divorce decree, annulment order, or death certificate.
- Parental consent or a court order if either applicant is under 18 in a state that still permits underage marriage.
If you don’t have standard identification, some offices accept credible witnesses, usually friends or family with their own valid ID, to sign an affidavit vouching for who you are. Confirm with your local clerk’s office before you go.
Blood Tests
Blood tests are no longer part of the marriage license process in any meaningful way. Nearly every state dropped the requirement decades ago. New York still has a statute requiring a sickle cell anemia test for certain applicants, but a positive result cannot be used to deny the license, and a religious exemption applies. A few states require applicants to receive an informational brochure about sexually transmitted diseases or genetic conditions, which is not a medical exam.
Lying on the Application
No background check does not mean the process runs on the honor system. Providing false information on a marriage license application is a criminal offense. Penalties vary, but even where the charge is a misdemeanor, a conviction creates a criminal record. A marriage obtained through fraud, such as concealing an existing spouse, can also be voided entirely. False statements may not be caught the day you apply, but they create legal exposure that can surface years later during divorce proceedings, immigration applications, or estate disputes.