Do Arrest Warrants Show Up on Background Checks?

Anyone who may have been in trouble with the law or a court might worry about whether an outstanding warrant will show up on an employee background check. The answer isn’t as straightforward as you might think; whether or not a potential employer will see a warrant depends on the type of warrant and the type of background check the employer conducts.

If you’re concerned that an employer, landlord, or even a future dating partner might see a warrant on your record, you may always check for yourself. However, before you start down that rabbit hole, here is some general information you should know about warrants and what is likely to reach your employer.

There Are Different Kinds of Warrants

A law enforcement agency or court may issue a warrant in a variety of situations. The three most common warrants are:

1. Arrest warrants
2. Civil warrants
3. Bench warrants

Different background checks will pull information from different databases. It is possible that not every employer you send your resume to will see the same warrants against you, and it’s possible they will not see any warrant at all.

Warrants are legal documents requesting that a person be detained in relation to a legal matter that may or may not be criminal in nature. Arrest, civil, and bench warrants are issued for different reasons.

• You may have an arrest warrant against you if you’re a suspect in a crime. Law enforcement agencies issue these when they have some evidence that ties individuals to criminal activity.
• You may have a bench warrant against you if you failed to appear before a civil or criminal court when you were required to do so. Judges issue these warrants to authorize law enforcement to arrest you and bring you before the court.
• Judges may issue civil warrants when you fail to comply with court orders. If you were ordered to pay child support, for example, and did not do so, then a civil warrant empowers police to arrest you.

Warrants in and of themselves are not criminal matters, so they should not appear on your criminal record. However, they may appear in other data that some background checks may have access to.

Types of Warrants That May Not Show Up on Background Checks

The following are types of warrants that may not show up on standard background checks:

Search Warrants

Search warrants are legal documents signed by judges that allow police to search specific locations for evidence related to crimes, such as a house or car, often following tips from informants. These warrants, being part of ongoing investigations, are usually not made public and typically do not show up in background checks.

Open Arrest Warrants

Open warrants are issued when there’s strong evidence suggesting someone has committed a crime, keeping the warrant active until the individual is arrested.

The visibility of these warrants on background checks varies by state, with some states restricting access to law enforcement only, potentially excluding them from many employment screenings.

Traffic Warrants

Issued for failing to address traffic violations like unpaid fines or missed court dates, traffic warrants are not commonly found on standard background checks but may be discovered during more thorough investigations.

Fugitive Warrants

These are issued to apprehend individuals believed to have fled to avoid prosecution for felonies, seeking assistance across state lines. While not typically part of court records accessible during standard checks, fugitive warrants may be identified in roles requiring detailed background checks, including law enforcement, or through FBI or national fingerprint-based searches.

Capias Pro Fine Warrants

Courts issue these warrants for failing to pay fines as ordered, with their appearance on background checks depending on the nature of the case. In civil matters, they’re unlikely to be seen, but for criminal cases with unpaid restitution or fines, they might be more visible.

Material Witness Warrants

When a witness’s testimony is crucial to a case, and they’re unwilling to cooperate, a court may issue a warrant to ensure their appearance. Given that these warrants target witnesses rather than suspects or defendants, they generally do not show up in employment background screenings.

For positions requiring in-depth screenings, such as those within law enforcement or that involve fingerprint submissions, the chances of discovering these warrants increase.

Arrest Warrants Don’t Prove That You’re A Criminal

Arrest warrants are among the first steps in a criminal procedure and may be issued after police have conducted an investigation of a possible crime. They do not prove that you have committed a criminal offense, although they do indicate that you’re a suspect in a criminal matter. Most people have an understanding of this, and many employers may not hold it against you.

Bench and civil warrants are public court records that anyone can access. You can even look up your own bench or civil warrant. If you have one against you, it may be possible to communicate with the court to resolve the matter with the help of a bench warrant lawyer in West Palm Beach.

What Warrants Might Show Up on Background Checks?

Basic criminal background checks conducted by employers tend to look at your criminal record and other sources of personal information for verification. While it is unlikely that outstanding arrest warrants will appear on these checks, there are more in-depth checks employers may use to find your warrants. Such checks are often used by employers hiring professionals who require more security clearance.

If you’re applying for a job that may relate to any of the following, your potential employer might conduct a more thorough background check that could reveal an arrest or bench warrant.

• Positions with U.S. intelligence agencies or the U.S. military
• Security personnel
• Civilian contractors working with the U.S. government or military
• Law enforcement officers
• Anyone who needs access to classified information

Overall, it’s probably a good idea to conduct a search on yourself to see what comes up. You may choose to do a professional or public background check.

If you find information that may hurt your chances of landing your dream job, apartment, or partner, reach out to an experienced lawyer.

Legal Steps to Resolving Outstanding Warrants

Having an outstanding warrant is a legal and emotional burden. It affects your ability to secure employment, obtain housing, and even impact your peace of mind.

If you find yourself in this situation, it’s essential to take proactive steps to resolve the issue, including the following:

1. Verify the Existence of the Warrant

The first step is to confirm whether there is indeed an outstanding warrant against you. This can typically be done by checking with the local court clerk’s office or law enforcement agency in the jurisdiction where you suspect the warrant might have been issued.

2. Understand the Warrant Type and Charges

Warrants are issued for numerous reasons, including failure to appear in court, unpaid fines, or more serious criminal charges. Understanding the type of warrant and the underlying charges is crucial because it will dictate your next steps.

Different types of warrants (such as arrest, bench, or civil warrants) may require different approaches for resolution.

3. Consult with a Criminal Defense Attorney

Before taking any action, it’s advisable to consult with a criminal defense attorney experienced in dealing with warrants.

A criminal defense attorney provides legal advice tailored to your specific situation, helps you understand your rights, and discusses the potential outcomes of different courses of action.

We can also represent you in court, negotiate on your behalf, and fight to minimize the consequences of the warrant.

4. Arrange to Turn Yourself In (If Necessary)

For arrest warrants related to criminal charges, you may need to arrange to turn yourself in. However, this should be done under the guidance of your attorney, who can negotiate surrender terms that might include arranging for bail in advance, thereby minimizing the time you spend in custody.

5. Address the Underlying Issue

Resolving the warrant typically involves dealing with the underlying issue that led to its issuance. This may involve paying fines, attending court-ordered programs, or appearing in court to address charges.

Your attorney helps you prepare for this appearance, gather necessary documents or evidence, and advocate on your behalf.

6. Follow Court Orders and Legal Advice

Once the court addresses your warrant, it’s imperative to comply with any orders or conditions set by the court. Failure to comply can result in the reissuance of the warrant or additional penalties.

Keep all documentation related to the resolution of your warrant and follow your attorney’s advice to avoid future legal issues.

7. Confirm Warrant Resolution

After you’ve taken the necessary steps to resolve the warrant, verify with the issuing court or law enforcement agency that the warrant has been cleared from your record.

This may involve obtaining official documentation or confirmation, which can be useful for employment, housing, and personal records.

8. Monitor Your Record

Even after resolving the warrant, it’s a good idea to periodically check your legal record to ensure that it accurately reflects the warrant’s resolution.

Errors in the legal system can occur, and proactive monitoring can help you address any discrepancies quickly.

Resolving an outstanding warrant requires a careful and considered approach. By understanding the type of warrant, consulting with a qualified criminal defense attorney, and following through with the legal process, you can address the warrant effectively.

Resolve Your Bench Warrant in West Palm Beach ASAP

The sooner you address any outstanding warrants against you, the better your future may be. Criminal defense attorney Brian P. Gabriel will handle your case using all the knowledge and skills developed over the span of his career, helping people resolve legal matters pertaining to criminal defense for over 30 years. 

The Law Office of Gabriel & Gabriel has a goal to seek the best possible outcome for your case. Start with a free consultation today by calling Criminal Defense Attorney Brian Gabriel of The Law Office of Gabriel & Gabriel at (561) 622-5575. You can also complete an online contact form to learn more.