How to Remove a Bench Warrant from Your Record

Steve Thompson
When you fail to appear in court when you've received a summons or subpoena, the judge presiding over the case has the right to issue a bench warrant. Essentially, this gives law enforcement the right to arrest you whenever they might come into contact with you, in order to bring you before that judge. But if you have a bench warrant, how can you remove it from your record?

They Want You to Come In

Believe it or not, police officers and court officials want people to come in and take care of bench warrants. They don't want to waste valuable time picking up citizens because they failed to pay their traffic fines, and you aren't going to be arrested for coming in to pay your fines. Unfortunately, many people live in fear for years with a bench warrant, terrified to go to the courthouse to take care of the matter.

Discovering a Bench Warrant

If you think that you might have a bench warrant but you aren't sure, you can contact the courthouse to ask about it. Simply give them your first and last name, and perhaps your driver license number, and request information regarding any warrants that might be active on your record. If anything shows up in their computer, you'll be told, and you can then find out how to take care of it.

Of course, a bench warrant can also be discovered if you'll pulled over for a traffic violation or if you encounter police officers in some other fashion. When your driver license or state identification number is run through the system, your warrant will pop up on the screen and the officer has the option to arrest you on the spot. According to Essortment.com, however, you may be able to escape arrest if you have sufficient cash to take care of the warrant fine then and there.

Removing a Bench Warrant from Your Record

The method for removing a bench warrant from your record will differ depending on where you live, but as mentioned above, the police and the judge want you to come in. If you surrender yourself voluntarily, it is far less likely that you'll spend time in jail, and you'll have the peace of mind that goes with living warrant-free.

There are two types of bench warrants. The first is a bond warrant, which means that you can post bond for yourself and have the bench warrant removed from your record. The second is a no-bond warrant, which is usually issued in the case of violent crime and means that you will have to go to jail at least until you see the judge. Either way, it is important that you take care of the situation.

For a bench warrant with a bond attached, you can usually go to the courthouse and pay the fine(s) required, at which time the clerk will give you documents proving that your warrant has been removed from your record. Since databases take time to update, you could be pulled over just after taking care of a bench warrant, and subsequently arrested, so make sure you carry that paperwork with you for at least two weeks.

If you are issued a bench warrant with no possibility for bond, you can still surrender yourself. This might not be an attractive option, especially since it guarantees at least a few nights in jail, but giving yourself up will place you in a positive light where the judge is concerned. It might help to lessen your sentence if you are convicted of the crime for which you have been charged.

Source:

Essortment.com, What is a Bench Warrant?

Published by Steve Thompson

Steve is a full-time freelance writer. In addition to the more than 3,000 articles he's written for AC, he has also written articles and other materials for more than 100 happy clients. He enjoys writing abo...  View profile

  • A bench warrant is issued by a judge, usually for failing to appear in court.
  • You will usually have to post bond (pay a fee) to remove a warrant from your record.
  • The courts want you to pay your fine.
Bench warrants, contrary to popular myth, have no expiration date, and sometimes can be traced across jurisdictions.

11 Comments

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  • minipo2/12/2011

    i missed 2 different court dates in californai, and i not in that state any more, can any one help..will i be arrested if i go and turn my self in .. and i can't pay for a bail bond. it happen last yr..

  • shirley12/15/2010

    my son has a warrent on him in in michigan, he was stop by the police in another state and asked michiganif they wanted him no was the reply. why an warrent remain?

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  • Diana9/2/2010

    My son was charged with a Felony DUI in Oct 2009. When we bonded him out he was told to come to court and check in the first Friday of every month. The first Friday he checked in they told him since he didn't live there he could call and check in. Now he has a bench warrant and was told to come check in tomorrow and talk to his court appointed attorney. Do you think he will be arrested and kept in jail?

  • Lisa in Houston5/15/2010

    Nephew's case was remanded and vacated by Texas Criminal Court of Appeals. He has a bench warrant when he leaves the State Prison and will be returned back to Jackson County. Why does he have a bench warrant when he was sitting in prison while his case went through the criminal justice system? Can someone explain?

  • Rose11/18/2009

    If the bench warrant was 'just' issued, because you missed a court date. You can go to the district court and ask the clerk to give you a form to request removal of the bench warrant. If it is not too serious of offence (like a ticket you forgot to pay) This form helps you not have to go to jail and take care of the issue so they can issue you another trail date or pay the ticket.

  • Dennis10/15/2009

    I have a warrant out on me for not appearing in court is there a way to get ahold of the courts and reschedule a court date and have the warrant taken off without getting arrested?

  • Matt5/18/2009

    You may also consider contacting a bail bondsman if you want them to post a bond for you (you can pay them a premium for the service, and then won't have to worry about being arrested in person)...That's an option many folks don't think about.

    source: http://lasvegasbailbonds.weebly.com

  • PAULA 3/14/2009

    MY SON HAD A BENCH WARRANT AND HE PRESENTED HIMSELF TO THE COURT, HE WAS ARRESTED AND NOT ONLY THAT, BUT SPEND 20 DAYS IN RYCKERS ISLAND. HIS DANGEROUS CRIME WAS THAT HE OWED TICKETS AND DUE TO THIS HIS LICENSE WAS SUSPENDED. HE WAS NOT EVEN GIVEN THE OPTION FOR BAIL, AS IT IS GIVEN TO CHILD MOLESTERS, RAPIST AND OTHER HARD CRIMINALS. UPON HIS RELEASE HE STILL HAD TO PAY THE TICKETS AND TO GET HIS LICENSE BACK IN ORDER. EVEN THOUGH THAN HE WAS EVEN MORE BROKE SINCE HE WAS NOT ABLE TO WORK THOSE 3 WEEKS IN PRISON. HE WAS ALSO A 1ST TIME OFFENDER. SO IT IS NOT EASY FOR A PERSON TO DECIDE TO REPORT THEMSELVES FOR A SIMPLE BENCH WARRANT. ONE IN COURT HE WAS TREATED AS IF HE HAD JUST MURDERED SOMEONE.

  • jose12/23/2008

    you better call them. they will come find you!!!!!!!!!!!!! call soon!!!

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