How long does a bench warrant last – or does it expire?

Posted on August 18, 2022

A bench warrant (“BW”) does not expire. It remains in effect until either:

• the subject of the warrant dies, or
• the warrant gets cleared.

If there is a BW out for your arrest, you can clear it by either:

• appearing in court before the judge, or
• possibly having your attorney appear in court on your behalf.

If your bench warrant does not get cleared, you risk getting arrested. And a judge may:

• release you with a warning, or
• order you into jail.

What is a bench warrant?

A “bench warrant” (sometimes referred to as a “body attachment“) is the most common type of warrant issued. It is issued from “the bench,” which means the judge. These warrants are not issued because of suspected criminal activity. Rather, a judge authorizes a BW typically because you failed to:

• appear in court,
• pay a fine, or
• obey a court order.

A BW issued for your arrest authorizes law enforcement personnel to arrest you and bring you directly to court.

How long does a bench warrant last?

A bench warrant does not expire. It is not deleted or removed after, say, five years. Rather, it remains in effect until:

1. you are apprehended or die, or
2. the warrant gets cleared (which is to say a judge recalls it).

Likewise, arrest warrants generally don’t expire until you are apprehended or the court recalls the warrant.

BWs do not expire because, if they did, it would encourage bad and dishonest behavior. You would be incentivized to spend a period of time avoiding a judge, or lying to a court, in order to escape arrest.

How do I clear a bench warrant?

Clearing a BW is also referred to as “recalling” or “quashing” one. Quashing a bench warrant means having it cleared from the judicial system.

You must appear in court in order to recall a warrant.

In general, you can have your attorney appear in court on your behalf, provided that:

• you failed to appear for a court appearance, or
• you failed to make a payment in connection with a misdemeanor offense.

If, though, you failed to obey a court order that arose out of a felony case, you usually must be present in court personally (with or without an attorney) in order to clear a BW.

In trying to quash a bench warrant, you (or your attorney) can try to do so by arguing that:

1. you never received a notice to appear in court,
2. you complied with all the conditions and requirements within a court order,
3. you were unaware that a case had been filed, and/or,
4. there has been a mistake in identity.

Should I consult with an attorney before quashing a warrant?

It is critical for you to contact an experienced warrants attorney when trying to recall a BW.

Please note that if you appear in court in an attempt to clear a warrant, the judge does have the option to place you in custody. Thus, a lawyer is important to help ensure that this does not happen.

A knowledgeable attorney is also helpful because they will know:

• the most effective arguments to raise on your behalf,
• what evidence to offer, and
• the proper steps to take to quash a warrant and keep you out of jail.

What happens if a bench warrant does not get recalled?

If you do not clear a BW, law enforcement personnel have the authority to arrest you and bring you to court.

Once brought to court, the judge can either:

• release you with a warning, or
• place you in custody.

The judge will make this decision after considering your:

• criminal history,
• flight risk, and
• circumstances that led to the BW.

Please also note that if a BW does not get recalled, it could lead to:

• a probation violation,
• enhanced fines, and/or
• a driver’s license suspension.

What are the penalties if I fail to appear in court?

As stated above, one of the reasons a BW may get issued is if you fail to appear for a court appearance. Failure to appear (“FTA”) is a crime. Depending on the state, you face misdemeanor or felony charges for FTA.