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

Q: 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.

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

Q: 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.

Posted on June 19, 2023

Judge talking to attorney at bench — An attorney may be able to appear on your behalf to quash your bench warrant.

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

you die, 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:

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

Likewise, arrest warrants generally do not 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:

you never received a notice to appear in court,
you complied with all the conditions and requirements within a court order,
you were unaware that a case had been filed, and/or,
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. An attorney would help ensure that this does not happen. Attorneys also 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.

Bench warrants do not expire. You must be arrested, or the judge must recall the warrant.

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.

Do I get notified if a bench warrant issues for me?

Not necessarily. In many cases you may not even learn about the warrant until:

you are pulled over for a minor traffic violation, and the police officer runs your name (at which point they can arrest you); or
you are applying for a job, and the employer runs a background check to see if you are suitable for the job; or
you are currently employed, and the employer runs a background check to comply with their insurance requirements to ensure you there are no barriers to you working; or
the DMV suspends your license – or prevents you from renewing your license – once it learns of the warrant; or
you are outside of the United States, and U.S. Customs will not allow you back in because of the warrant.

Between Live Scan and other criminal history databases, people now have the tools to look back decades when researching your criminal history.

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.

What other types of warrants are there?

In addition to bench warrants, there are:

arrest warrants, which police ask for judges to issue after they have probable cause to believe you committed a crime
Ramey warrants, which are a type of arrest warrant that allows police to make an arrest before formal charges are filed
search warrants, which police ask judges to issue to allow them to search private locations for evidence of a crime
extradition warrants, which are reserved for suspected fugitives who have left the state

What is the law in California?

As with other states, California judges issue bench warrants for people who fail to obey its orders. Common reasons for bench warrants are:

failing to appear at a court hearing; or
allegedly violating probation.

Willfully failure to appear (FTA) is a criminal charge in California. The court presumes willfulness if 14 days pass from the assigned court date without you appearing.

For misdemeanor cases, FTA penalties include up to $1,000 and six months in jail. For felony cases, penalties include up to three years in jail and up to $5,000 (or up to $10,000 if you had posted bail).

If you are arrested on a bench warrant, you may be able to get released right away by posting bail. Though certain bench warrants are “no bail,” which means you have to appear before a judge before you can be released.¹

Legal References

California Penal Code 1320 PC. California Penal Code 1320.5 PC.

About the Author

Neil Shouse

A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.

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