How Long Do Warrants Stay Active?

A warrant is a legal document that authorizes law enforcement to search for and seize property, or take people into custody by arrest.

A warrant is issued by a judge or a magistrate in court. It authorizes law enforcement to take specific actions like conducting searches, making an arrest, or seizing property. 

If you come into contact with the justice system or law enforcement while you have an open warrant – even if neither you nor the police realize it at first – your warrant may come up upon a search of your name. If so, you will likely be detained.

How Long Does a Warrant Last?

Warrants can have a specific expiration date, or remain valid indefinitely. The length of time a warrant is valid will vary depending on the type of warrant and the jurisdiction which issues it.

Note that if an active warrant is in your name, you should consult a lawyer right away. In many cases an attorney can look for a warrant, then “clear” or “vacate” the warrant.

Types of Warrants

There are several types of warrants issued in the United States. These include:

Arrest warrants: authorizing law enforcement to arrest an individual suspected of committing a crime.

Search warrants: authorizing law enforcement to search a specific location for evidence of a crime.

Bench warrants: authorizing the arrest of a person who fails to appear in court as ordered.

Fugitive warrants: issued to arrest a person who is a fugitive in another jurisdiction.

Seizure warrants: authorizing law enforcement to seize certain property suspected of being related to a crime.

Wiretap warrants: authorizing law enforcement to conduct electronic surveillance.

Deportation warrants: authorizing the arrest and removal of a person who is in the country illegally.

Material witness warrants: issued by the court to secure the presence of a witness in a criminal case.

The length of time a warrant can stay active depends on the specific type of warrant and the jurisdiction which issues it.

How Long Do Arrest Warrants Stay Active?

Arrest warrants are issued so law enforcement is authorized to arrest an individual suspected of committing a crime. In most cases, arrest warrants remain active indefinitely until the person named by the warrant is apprehended. This means that an arrest warrant does not expire, and law enforcement can make an arrest at any time, regardless of how long ago the warrant was issued.

An arrest warrant is an important tool to bring a suspect into the justice system. Law enforcement needs to have the ability to make arrests regardless of how much time has passed since it was issued.

An arrest warrant, signed by a judge or grand jury, confirms that a person has been charged with a crime and gives law enforcement the authority to arrest them when they are encountered. Often police are not actively searching for a person named in a warrant. Therefore when the named person has any interaction with law enforcement, their warrant will be discovered and they can be taken into custody.

How Long Do Search Warrants Stay Active?

Search warrants authorize law enforcement to search a specific location for evidence of a crime. The length of time a search warrant remains active will vary depending on the jurisdiction where it was issued.

Some search warrants come with expiration dates, which means that they are valid for a limited time. For instance, a search warrant may be issued for 30 days – which means that law enforcement must conduct their search within that time frame.

However, search warrants can also be open-ended, which means they do not have an expiration date and can be executed at any time.

How Long Do Bench Warrants Stay Active?

Bench warrants remain active indefinitely until they are executed or recalled by the issuing court.

A bench warrant (also known as a failure to appear warrant) is issued to arrest persons who failed to appear in court. Bench warrants may also be issued if a judge finds the need to bring someone to court, like if they violated probation.

Bench warrants are also issued for people who are caught in the legal system after a clerical error was made, or because a person didn’t realize their legal matter was unresolved, or because they didn’t realize they were subject to a warrant at all. People can learn about these warrants years after they were issued.

It is important to note that a bench warrant can be executed at any time and in any location within the jurisdiction of the issuing court.

If you are named in a bench warrant, an attorney can help you resolve the issue. It’s best to contact an attorney and have them interact with the legal system on your behalf.

How Long Do Seizure of Property Warrants Stay Active?

Another commonly used warrant is for the seizure of property. These warrants authorize law enforcement to seize specific property that is suspected of being connected to a crime. The length of time these warrants remain active l varies depending on the jurisdiction in which they were issued. In some cases, these warrants may have expiration dates, while in others they can be open-ended.

It’s worth noting that a warrant can be rescinded by the issuing authority. This typically happens when the circumstances that led to the issuance of the warrant change or if new information comes to light that calls into question the validity of a warrant.

How Long Do Deportation Warrants Stay Active?

Deportation warrants, also known as “removal orders,” are issued directly by the United States government for the arrest and removal of a person who is in the country illegally. Deportation warrants remain active until they are executed or rescinded. This means that they do not have an expiration date and will stay active indefinitely. 

However, the government generally prioritizes the execution of deportation orders if individuals pose a threat to national security or public safety. If an individual is not considered a priority for deportation, their removal order can be deferred.

Immigration lawyers handle warrants of deportation, and can assist in fighting them.

How Long Do Fugitive Warrants Stay Active?

Fugitive warrants are issued to arrest a person who is escaping justice by remaining in another jurisdiction.

The length of time a fugitive warrant remains active does vary depending on the jurisdiction and specific circumstances of his case. In general, a fugitive warrant will remain active until the individual named in the warrant is apprehended or surrenders to authorities. In some jurisdictions, a warrant may be considered “outstanding” indefinitely, meaning it never expires and remains active until the individual is apprehended. 

However, in other jurisdictions, there can be a statute of limitations for certain warrants, after which time the warrant is no longer valid.

How Long Do Material Witness Warrants Stay Active?

Material witness warrants are issued by a court to secure the presence of a particular witness in a criminal case. The length of time a material witness warrant stays active will vary depending on the jurisdiction and the specific circumstances of the case. In general, a material witness warrant stays active until the individual named in the warrant has testified in court or is no longer needed as a witness. 

In some cases, a judge may set a specific expiration date for such warrants, or the warrant can be withdrawn if the individual is no longer considered a material witness.

How Long Do Warrants Stay Active: Key Takeaways

Let’s sum up what we’ve learned about how long warrants will stay active:

• The length of time for which a warrant remains active varies depending on the type of warrant and the jurisdiction which issued it. 
• Some warrants, such as arrest warrants and fugitive warrants, generally remain active indefinitely until the person named in the warrant is apprehended. 
• Search warrants and other types of warrants can have expiration dates.
• A warrant can be rescinded by the issuing authority if the circumstances that led to the issuance of the warrant change.

Ultimately, the best way to determine if a warrant is on your record is to check with the issuing law enforcement agency or court for specific information about the warrant in question.

Clearing a Warrant

It’s important to note that if you are named in a warrant or if you believe that a warrant has been issued for your arrest, it’s crucial to consult an attorney as soon as possible. An attorney can help you understand your rights and work to have the warrant quashed, have the charges against you reduced or dismissed, and have the warrant cleared from your record.

The subject of a warrant will probably need to appear briefly before a judge, but does not need to go to jail in many circumstances if they voluntarily appear.

Set the record straight by working with a criminal lawyer. Locally-licensed attorneys are standing by to manage your case, handle interactions with law enforcement, and represent you in court. You can connect with an attorney in your area today for a free consultation about your case.