Check For Active Bench Warrants
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Check For Active Bench Warrants 🔷
Active Bench Warrant Check - Everything You Need to Know
Bench warrants make up the majority of all civil warrants issued by courts across the United States. Yet, many people don’t fully understand what they are for, or how they differ from other types of warrants. Whether you are checking your own legal status, or someone else, understanding how these legal instruments are used can help you avoid serious consequences.
We will cover exactly what a bench warrant is, how they differ from a arrest warrants, and how to check if you or someone you know has an active bench warrant. We will also cover what your options are if one is issued in your name, and how these become part of your public record.
What Is a Bench Warrant?
The term “Bench” in a Bench Warrant is the operative term, literally means it is a court order issued by a judge or magistrate. While these are considered civil orders, and not connected to a crime or criminal act, they are summons by the court for someone to appear, or comply with the stated requirements. These do not typically result in someone’s arrest, however if ignored they can lead to fines, penalties, and legal complications. Here are the main reasons these civil court orders are issued:
Failed Court Appearance: The person listed has failed to make a scheduled appearance for a hearing, proceeding, or sworn-testimony. While these are merely civil legal instruments, they may be in regards to an ongoing criminal court case.
Violating Probation Requirements: These are sent out for those that have neglected, or violated a probation requirement. If the probation requirements were for a criminal matter, an arrest warrant may be sent out instead.
Failed Court Orders: One of the most common reasons these are sent out are for failure to pay fines, fees, or other specific court orders. These can often be remedied without having to appear in court, rather missed payments can be made online.
Missing Deadlines: If someone is currently involved in a legal court case and they fail to submit documentation as requested. A reminder will be sent out, and if that is not handled properly, a bench warrant will be issued for this reason.
Ignoring Subpoena: If someone has not responded or has ignored a subpoena, they will be summoned to court. If they continue to ignore the bench warrant, it is possible that this can lead to that person’s arrest and brough before a judge.
Bench Warrant vs. Arrest Warrant
In a nutshell, a bench warrant is a civil court order, where an arrest warrant is a criminal court order. While both are legal instruments used by the courts that make specific demands, a bench warrant is not typically an offense that results in someone’s arrest. While an arrest warrant is an allegation of a crime that was committed by an individual where there is probable cause. Here are the broad strokes about each type of these court orders, and their implications:
1. Bench Warrant: This is essentially a civil court order that is primarily given out for disobedience of a civil court order, missed court appearances, and not paying court fees, fines, or other non-criminal court violations.
Issued directly by a judge or magistrate for non-compliance with specific civil court orders.
Designed to command the person of interest to appear in court, or comply with payments or other civil matters.
2. Arrest Warrant: This is a criminal court order for someone’s arrest, where there is sufficient evidence that the suspect was involved in a criminal act.
Issued by a judge when there is enough evidence to suggest there is “probable cause” of a crime being committed.
Directs law enforcement to immediately arrest someone and detain them until they are arraigned in court.
How to Run an Bench Warrant Check
Since bench warrants are considered public records in every state, it’s a relatively simple process to look one up. The easiest way to find out if you or someone else has one is to contact your county courthouse clerk. Most courts in the US have an online portal where you can register and lookup county bench warrants with a first and last name. If that is not an available option, or you have difficulty navigating the respective judicial website, you can contact the Clerk’s office directly for assistance. Helping the public with their legal inquiries is one of their top priorities. Here is a list of the most common online resources you can use to find out if you have an active bench warrant:
County Court or Clerk’s Websites: The majority of all US counties offer online access to searchable databases where you can look up active warrants by name, or case number. If your county does not have an online tool, you can call, email, or visit the courthouse clerk directly.
Statewide Government Agencies: If you are unsure of what county to run your search in, most states offer statewide warrant databases through their Department of Justice, or Department of Public Safety.
Third Party Public Record Sites: A very popular option is to use a third party resource. These resources are great to lookup all kinds of public records, including bench warrants, that can be search statewide or even nationwide depending on the resource. Make sure that if you’re using a non-government website that you’re using a reputable resource, they are not all created equally. If a bench warrant was recently issued, some resources may not have that information in their database yet, there is often a latency when using these websites.
AI Assisted Lookups: While AI systems may not be able to track down an active warrant in your state or county, they will be able to find all the available resources you can use to perform your search. This is a good starting point for all your public record inquiries.
What If I Have a Bench Warrant?
Don’t fret too much, while they are serious and need to be handled swiftly, they almost never lead to an arrest. If you have an active bench warrant, here are the important steps to remedy one.
1. Validation: Make sure that you validate that your warrant is for you and what it’s in regards to. Did you miss an appearance, fail to make a payment, or something else?
2. Contact the Clerk: Contact the clerk to fix the issue and let them know you’re on top of it. Pay any missed court fess, or reschedule your missed appearance
3. Get Confirmation: Once you’ve complied with all the demands in the civil court order, make sure to get a clerk or a representative of the courts to sign off on it so that it wont come back to haunt you.
Frequently Asked Questions About Bench Warrants
Why is it called a bench warrant?
The term “bench” comes from the judge’s bench, where they issue a a civil court order. It’s most commonly issued by the judge when someone disobeys or fails to comply with the court’s civil instructions.
Can I be arrested for a bench warrant"?
It’s very rare that someone is arrested for these types of warrants as they’re civil court orders, rather than a criminal court order. However, in some circumstances, they can lead to an arrest if the court order is serious and continuously ignored.
Do bench warrants ever expire?
No, they stay in effect until they are either satisfied, or a judge recalls them. They do not go away on their own, and there is no statute of limitations for these civil judicial orders.
How do I clear a bench warrant without going to jail?
While the majority of these do not result in an arrest, you can clear a bench warrant by complying with the specific civil court order that is listed. This is commonly a missed court appearance or failure to make a payment. By rescheduling or paying your court fees, this will usually be all that it takes to satisfy the warrant and then it will be lifted.
How much does it cost to lift a bench warrant?
While there is not cost directly associated with lifting these judicial orders, you may need to pay fines or fees that are listed on the warrant. These are often issued when someone disobeys a direct order or when someone fails to pay their fines.
Is a bench warrant serious?
Yes, all warrants are serious however a bench warrant is less serious than an arrest warrant. These can often be resolved by contacting the courts and satisfying the civil commands listed on the court order.
Do bench warrant show up on background checks?
Yes, since they are public records, they will show up on most any background check until the warrant is satisfied. This can lead to complications with job applications, Visas, traveling outside the US, or housing applications.
Will a bench warrant expire on it’s own?
No, they do not have an expiration or statute of limitation. This means they will stay in effect until the demands on the warrant are satisfied by the courts. You can contact the county court clerk where it was issued to find out how to resolve this.
How long does a bench warrant last?
The short answer is indefinitely until it is satisfied. These do not go away on their own, however they are commonly issued for disobeying a civil court order such as missing your court appearance. These can be remedied by rescheduling your appearance, or paying any past due fines.
Can you fly with an active bench warrant?
Yes, while these are legal instruments summoning you to fulfill a civil court order from a judge, they are not criminal in nature which means you can fly, and travel outside of the country without any issues.
How do I get rid of a bench warrant?
You’ll need to fulfill the court orders that are listed on the warrant, which are often rescheduling a missed court appearance or paying any overdue fines or court fees. Then you’ll be able to get rid of one, once those orders have been completed and a court representative has signed off on it.