How to Quash a Warrant

Having an active warrant out for one's arrest can be scary. The thought of going to jail over a missed court appearance or unpaid fine leads many people to lie low in hopes that the warrant will somehow expire or disappear. However, warrants rarely expire or disappear on their own, and they can creep up on you when you least expect them. If you have an outstanding warrant, it's generally best to address it head on by resolving the warrant and having it quashed.

What Does It Mean to Quash a Warrant?

Quashing a warrant means having the court remove, delete, or recall the warrant from a local or national law enforcement database so you don't get picked up and arrested by the police. However, quashing the warrant only solves that one issue. You still need to deal with the underlying reason(s) for the warrant.

How to Quash a Warrant

The steps involved in quashing a warrant are not usually that complicated. It could involve posting bond, paying a warrant fee, attending a court hearing, finding a warrant-clearing clinic, or filing a motion with the court. But you risk being arrested and detained, especially if you have a history of failing to appear or have an arrest warrant for a serious felony.

It's a good idea to consult a criminal defense lawyer. A lawyer can help analyze your situation and advise you on the best course of action. For instance, if you missed a court hearing due to a family emergency, a lawyer can help you determine which documents to gather and present to the court when making a request to quash the warrant. A person with an arrest warrant for a serious felony will likely require more assistance from their lawyer, such as determining how to surrender and request bail.

How Much Does It Cost to Quash a Warrant?

The cost to quash a warrant will depend on:

• whether a bond is attached to the warrant
• whether you have outstanding fines, fees, or other obligations to pay
• the jurisdiction's filing or administrative fee to quash the warrant, and
• the cost of legal representation, if you hire a lawyer.

So, while it might only cost $50 to $100 to pay the court fee to quash the warrant, you might need to post $1,000 bond to stay out of jail, pay a $500 outstanding traffic ticket plus a late fee, or pay child support obligations.

What Types of Outstanding Warrants Can Get You Arrested?

Many types of warrants exist in the criminal justice system. Two common ones that tend to follow people are bench warrants and arrest warrants.

Bench Warrants

Bench warrants typically get issued by a judge when a party fails to appear in court for a scheduled court date or violates a court order. For example, a judge might issue a bench warrant when:

• a person fails to pay or appear in court to contest a traffic ticket or citation
• a criminal defendant out on bail or own recognizance release fails to show up at a court hearing in their case
• a probationer allegedly violates a condition of probation, or
• a person disobeys a court order, such as a witness subpoena, jury summons, or child support obligation.

A bench warrant authorizes police to arrest the person and place them in jail to await a court hearing. The police can actively try to find the subject or wait until they're pulled over for a traffic violation or otherwise have a police encounter.

Arrest Warrants

Arrest warrants come into play when it's believed a suspect committed a crime. Judges issue arrest warrants upon:

• police presenting information (usually in affidavit form) supporting probable cause for the allegations, or
• a grand jury issuing an indictment against a suspect.

Like bench warrants, arrest warrants authorize police to arrest and haul a person into jail to await court. Depending on the severity of the charges, police might actively pursue the arrest and show up at your home, work, or school.

How to Find Outstanding Warrants? Do Warrants Expire?

Sometimes people don't realize that they have an active bench or arrest warrant, or they mistakenly believe (or hope) it has expired. But neither bench nor arrest warrants expire on their own. Unless the court has an administrative procedure set up to quash old warrants, these warrants can haunt you for years or, sometimes, decades.

Informal Ways of Learning About Warrants

People who don't realize they have an outstanding warrant, or are trying to ignore one, might end up being arrested when they least expect it. For instance, a person gets pulled over for a minor traffic violation and is arrested once the officer checks their record and sees an active warrant. Other times, the warrant ends up being a hassle or embarrassment. A person might go to the DMV to renew their driver's license and find out that an outstanding warrant stands in the way of renewal. Sometimes, the person discovers an outstanding warrant when it shows up on a background check and the employer refuses to hire the person.

Proactive Ways to Learn About Outstanding Warrants

If you're not certain whether an active warrant exists, you might be able to find out by going online or calling the court. Some courts and law enforcement agencies have online warrant searches or warrant helplines. If not, you or your attorney can call the law enforcement agency or court clerk. You'll need to know where the alleged crime occurred or what court your case was in, and contact that city police department, county sheriff's office, or district or county court.

Options to Quash a Bench Warrant

Having a bench warrant often means you disobeyed a court order, and there's likely a penalty associated with it. It might be a fine or potential jail time. If you're out on bail, you could face an additional criminal charge for bail jumping and be required to forfeit your bail. To avoid these penalties, you need to present proof that your failure to appear was due to circumstances beyond your control, such as not receiving the court summons, being in a car accident on the way to court, or having a serious illness on your court date (so serious you couldn't call the court to tell them).

Below are possible ways to address these issues and quash or clear your warrant.

Posting bond. Check the court or law enforcement agency website to see if your warrant can be resolved by posting bond. If this is an option, you might avoid a court hearing by paying up. But you will need to read and understand everything that's required once you post the bond, such as appearing for the next hearing.

Walk-in docket. Some courts offer a walk-in docket where you can turn yourself in and work out a resolution in your case. A resolution could be scheduling another court date, posting bond for your release, or presenting evidence of why you missed court (such as proof of hospitalization or a car accident). But know that walking in front of a judge can result in arrest and detention, so you might want to consult an attorney before attempting this route.

File a motion. You or your lawyer can file a motion to quash the warrant with the court. The court will set a hearing date. You or your lawyer can present arguments on why the warrant should be quashed and why you shouldn't be punished for failing to appear, violating probation, or disobeying a court order. Any of these violations can carry the possibility of fines and jail time.

Options to Quash an Arrest Warrant

An arrest warrant means you're suspected of committing a crime, whether that was days or years ago. These warrants don't expire, even if the statute of limitations has passed. Below are possible options for quashing or clearing the arrest warrants.

Posting bond. Check the court or law enforcement agency website to see if your warrant can be resolved by posting bond. If this is an option, you might avoid a court hearing. But you will need to read and understand everything that's required once you post the bond, such as appearing for the next hearing. The ability to post bond without a court appearance might not be an option for felony warrants or misdemeanor warrants involving domestic violence or impaired driving.

Walk-in docket. A court might have a walk-in docket where you can turn yourself in and work out a resolution in your case. A resolution could be scheduling a court date, asking for dismissal of the charges, or posting bond for your release. Remember that walking in front of a judge puts you at risk of detention. Some walk-in dockets state that they will not arrest persons who voluntarily appear. But not all courts offer this guarantee, so you might want to consult an attorney. Also check to see if you qualify for this docket, as some are limited to low-level offenses.

Warrant clearing or amnesty event. Some cities and counties host warrant-clearing or amnesty events once or several times a year. These events help the government by resolving a backlog of outstanding warrants and provide relief to individuals by addressing their warrants and, hopefully, getting them back on track in their case. Court officials, probation officers, public defenders, and prosecutors commonly attend these events. Like the walk-in docket, check what types of warrants are eligible.

Voluntarily surrender. You can voluntarily surrender to the court. You can do this on your own or ask for an attorney's assistance. It's generally best to do this through a lawyer. The lawyer might be able to schedule a bail hearing and ask for your immediate release. If you do this on your own, be prepared to stay in jail until you get a court hearing.

File a motion. In some cases, you might have an argument to quash the arrest warrant because it's unlawful or invalid, the statute of limitations has run on the underlying charges, or it's a case of mistaken identity. Here, it's generally best to have an attorney evaluate and present your arguments to the court.

How to Quash an Out-of-State Warrant

Addressing an out-of-state warrant can be tricky, because the court will usually want you to appear in person to quash the warrant. Contact the court clerk or look online to see if any options exist to request a warrant quashing by mail, email, phone, or video conference. If you can post bond online, this option might quash the warrant but still require you to schedule another appearance before the court. It's often best to find local legal counsel to help you resolve a warrant if you're out of state. Your defense attorney will know the local policies and might be able to appear on your behalf.