In California, it is not uncommon for someone to have an outstanding warrant for a misdemeanor offense without realizing it. Many people only discover the warrant months or even years later during a background check, while applying for a job, or after being stopped by police during a traffic stop.

This situation often leads to an important question: do misdemeanor warrants expire in California?

The short answer is no. Arrest warrants and bench warrants generally do not expire. Once issued by a court, a warrant usually remains active until one of the following occurs:

• the person is arrested

• the warrant is recalled or cleared by the court

• the underlying criminal case is dismissed

• the person dies

Even misdemeanor warrants can remain active for many years. Law enforcement officers can execute the warrant whenever they encounter the individual, such as during a routine traffic stop or other police contact.

However, the statute of limitations for the underlying offense may still affect whether the criminal case can proceed.

Your best chance for a positive result is to work with an experienced California criminal defense attorney at Eisner Gorin LLP. To arrange a consultation, call (818) 781-1570 or reach out to us here.

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Understanding Misdemeanor Warrants in California

A warrant is a court order that authorizes law enforcement to take action against a person suspected of committing a crime or violating a court order.

In California, there are two primary types of warrants that apply to misdemeanor cases:

• arrest warrants

• bench warrants

Although they have similar effects, they are issued under different circumstances.

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What Is an Arrest Warrant?

An arrest warrant is issued when a judge finds probable cause to believe a person committed a crime.

Law enforcement officers must present evidence to a judge showing probable cause before a warrant is issued. Once approved, the warrant allows police officers to arrest the person named in the warrant.

Arrest warrants may be issued after:

• police submit evidence showing probable cause

• a criminal complaint is filed

• a grand jury issues an indictment

Once issued, the warrant remains valid until it is executed or recalled by the court.

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What Is a Bench Warrant?

A bench warrant is issued directly by a judge when someone violates a court order.

Bench warrants commonly occur when a person:

• fails to appear in court for a required hearing

• fails to pay court-ordered fines

• fails to complete community service

• violates probation terms

Bench warrants authorize police to arrest the individual and bring them before the court.

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Do Misdemeanor Warrants Expire?

In California, warrants generally do not expire. Once issued, they remain active indefinitely unless the court recalls or cancels them.

This means a misdemeanor warrant issued years ago can still lead to an arrest today.

Law enforcement officers typically do not search extensively for individuals with minor misdemeanor warrants. Instead, they often wait until the person has contact with police. For example, the warrant may be discovered when:

• you are pulled over for a traffic violation

• police run a routine records check

• you are arrested for another offense

• your information is reviewed during a background check

If an outstanding warrant appears during one of these encounters, officers may arrest you immediately.

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Does the Statute of Limitations Affect a Warrant?

The statute of limitations refers to the time limit prosecutors have to file criminal charges.

For most misdemeanor offenses in California, prosecutors must file charges within one year of the alleged crime.

However, the statute of limitations applies to the filing of charges, not to the duration of a warrant.

Prosecutors can satisfy the statute of limitations by taking certain actions before the deadline, including:

• filing a criminal complaint

• filing an indictment or criminal information

• issuing an arrest warrant

• bringing the defendant before the court for arraignment

Once charges are filed or a warrant is issued within the one-year time period, the statute of limitations is typically satisfied. The warrant may then remain active indefinitely.

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When Can the Statute of Limitations Lead to Dismissal?

Although warrants do not expire, the statute of limitations may still help resolve a case in certain circumstances.

If prosecutors fail to file charges within the applicable time limit, a defense attorney may argue that the case must be dismissed.

For example, a dismissal may be possible if:

• no charges were filed within the one-year period

• prosecutors cannot show that the statute of limitations was satisfied

• there was no valid legal reason to pause the limitations period

If the court agrees, it may dismiss the case and cancel the warrant.

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When Can the Statute of Limitations Be Paused?

In some situations, prosecutors may argue that the statute of limitations should be paused or “tolled.”

Common reasons prosecutors may claim tolling include:

• the defendant left California

• the defendant deliberately avoided law enforcement

• the defendant concealed their identity or location

If a court finds that the statute of limitations was tolled, the case may still proceed even after a significant time has passed.

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Speedy Trial Rights and Delayed Warrants

The Sixth Amendment to the U.S. Constitution guarantees the right to a speedy trial.

If prosecutors file charges but law enforcement delays executing an arrest warrant for an unreasonable period, the defendant may argue that this delay violated their constitutional rights.

In California, a defense attorney may file a Serna motion to dismiss the case.

A Serna motion may succeed if the delay caused prejudice to the defendant. Examples of prejudice may include:

• witnesses becoming unavailable

• surveillance footage being lost or erased

• evidence deteriorating over time

• witnesses' memories fading

If the court agrees that the delay violated the defendant's rights, it may dismiss the charges.

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Do Warrants Show Up on Background Checks?

Because warrants are court records, they may appear in certain types of background checks.

However, whether a warrant appears depends on the type of background check being conducted.

Some employment background checks only review conviction records and may not reveal outstanding warrants.

More detailed checks may reveal:

• active arrest warrants

• bench warrants

• pending criminal cases

Law enforcement background checks and professional licensing investigations are more likely to detect outstanding warrants.

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What Should You Do if You Have an Outstanding Warrant?

If you discover that you have an outstanding misdemeanor warrant, it is important to address it promptly.

Ignoring a warrant can create additional legal problems and may result in arrest at an unexpected time.

A criminal defense attorney may be able to help you:

• request that the court recall the warrant

• schedule a voluntary court appearance

• negotiate a resolution with prosecutors

• file motions to dismiss the case when appropriate

Resolving the warrant proactively may allow you to avoid being arrested.

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Related California Crimes

Several criminal offenses commonly lead to the issuance of misdemeanor arrest warrants or bench warrants in California. If a person fails to appear in court or violates a court order related to these offenses, a judge may issue a warrant for their arrest.

Failure to Appear – Penal Code 1320 PC

Failure to appear occurs when a person who has been released from custody promises to return to court but does not appear for the scheduled court date. Depending on the circumstances, failure to appear can be charged as either a misdemeanor or a felony. Courts often issue bench warrants immediately when a defendant fails to appear.

Contempt of Court – Penal Code 166 PC

Contempt of court occurs when someone willfully disobeys a court order. Common examples include violating protective orders, refusing to comply with court instructions, or disrupting court proceedings. A judge may issue a bench warrant if the person does not appear in court to address the violation.

Driving on a Suspended License – Vehicle Code 14601 VC

Driving with a suspended or revoked driver's license is a common misdemeanor offense in California. If someone is cited for this offense and fails to appear in court, the judge may issue a bench warrant for their arrest.

DUI – Vehicle Code 23152 VC

Driving under the influence of alcohol or drugs is typically charged as a misdemeanor for a first offense. If a defendant fails to attend a required court hearing in a DUI case, the court may issue a bench warrant, and additional penalties may apply.

Petty Theft – Penal Code 484 PC

Petty theft involves unlawfully taking property valued at $950 or less. If a defendant is charged with petty theft and fails to appear in court, the judge can issue a warrant for their arrest until the case is resolved.

Disorderly Conduct – Penal Code 647 PC

Disorderly conduct covers several misdemeanor offenses, including public intoxication, solicitation of prostitution, or loitering for certain unlawful purposes. Missing a court appearance related to these charges may result in a bench warrant.

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Frequently Asked Questions

Do misdemeanor warrants ever expire in California?

No. In California, misdemeanor arrest warrants and bench warrants generally do not expire. Once a judge issues a warrant, it remains active until one of the following occurs:

• the person is arrested

• the warrant is recalled by the court

• the underlying case is dismissed

• the individual dies

Even if many years pass, law enforcement can still arrest someone if the warrant remains active.

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What is the statute of limitations for misdemeanors in California?

For most misdemeanor offenses in California, the statute of limitations is one year from the date of the alleged crime. This means prosecutors must file criminal charges within one year.

However, if prosecutors file charges or obtain a warrant within that one-year period, the case can continue even after the one-year limit has passed.

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Can police arrest you years later for a misdemeanor warrant?

Yes. Because misdemeanor warrants do not expire, police can arrest someone years later if the warrant is still active. Many people are arrested after a routine traffic stop when officers discover the outstanding warrant during a records check.

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What happens if you ignore a misdemeanor warrant?

Ignoring a warrant can lead to additional legal problems. Possible consequences include:

• arrest during a police encounter

• additional criminal charges for failure to appear

• higher bail amounts

• driver's license suspension in some cases

Addressing a warrant quickly can often reduce these risks.

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What is the difference between an arrest warrant and a bench warrant?

An arrest warrant is typically issued when police present evidence showing probable cause that someone committed a crime.

A bench warrant is issued by a judge when someone violates a court order. Common reasons include:

• failing to appear in court

• violating probation

• failing to pay court fines

• failing to complete court-ordered programs

Both types of warrants authorize law enforcement to arrest the individual.

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Can a lawyer clear a misdemeanor warrant without you going to jail?

In many situations, a criminal defense attorney can help resolve a warrant without the client being arrested. A lawyer may be able to:

• request that the court recall the warrant

• schedule a voluntary court appearance

• negotiate with prosecutors

• file motions to dismiss the case if legal grounds exist

The outcome depends on the facts of the case and the reason the warrant was issued.

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Does an outstanding warrant show up on a background check?

It depends on the type of background check being performed. Some standard employment background checks may not reveal outstanding warrants.

However, more detailed background checks used by law enforcement agencies, government employers, or professional licensing boards may reveal:

• active arrest warrants

• bench warrants

• pending criminal cases

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Can a warrant affect your driver's license in California?

Yes. In some cases, especially traffic-related offenses, failing to appear in court can lead to a hold or suspension placed on your driver's license by the California Department of Motor Vehicles.

Resolving the warrant with the court is often required before the license can be reinstated.

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What should you do if you discover you have a warrant in California?

If you discover that you have an outstanding warrant, the best step is usually to contact a criminal defense attorney as soon as possible. An attorney can review the details of the case and help you determine the safest way to resolve the warrant before it results in an arrest.

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Getting Legal Help for Outstanding Warrants

Discovering that you have an outstanding misdemeanor warrant can be stressful and confusing. However, taking action early may help resolve the situation before it leads to arrest.

A criminal defense attorney can evaluate the details of your case, determine whether the statute of limitations may apply, and help you pursue the best strategy for resolving the warrant.

If you believe you may have an outstanding warrant in California, consulting with a criminal defense attorney can help protect your rights and explore your legal options.

Eisner Gorin LLP is here to help. Schedule your consultation today.