In California, it's common for someone to have an outstanding warrant for a misdemeanor arrest without knowing it, often discovering it months or even years later.
It may appear on a criminal background check or occur during a routine traffic stop. In any case, it raises the question: Do warrants for crimes in California ever expire?
In California, a misdemeanor arrest warrant stays active until it is cleared, the suspect is arrested, or they die. Essentially, warrants do not expire.
If the criminal statute of limitations (SOL) has expired, you may be able to have the case dismissed due to time limits. In California, the SOL for misdemeanors is typically one year from the date of the offense.
Therefore, it's essential to recognize that arrest and bench warrants typically do not have an expiration date. After they are issued, law enforcement officers can carry out the warrant whenever you in a traffic stop or during another encounter.
Warrants Stay Active Indefinitely
This could happen shortly after the warrant is issued or many months or years later. Even warrants for misdemeanors remain active indefinitely. While active, the warrant typically appears on background checks.
In some cases, it can also result in the suspension of a driver's license by the Department of Motor Vehicles (DMV).
Misdemeanor warrants generally do not prompt law enforcement to search for you in the neighborhood actively. Instead, officers usually wait until they happen to encounter you, such as during a routine traffic stop.
Although there may be a delay in executing the warrant, the underlying offense is still subject to the criminal statute of limitations.
What Exactly is an Arrest Warrant?
An arrest warrant is a court order that permits law enforcement to detain someone suspected of a crime. In California, such warrants can only be issued if there is probable cause to believe the individual named has committed a crime.
The warrant stays in effect until the individual is arrested (or dies), the warrant is canceled, or the court terminates it. This applies to both misdemeanor and felony charges.
This implies that, theoretically, an arrest warrant could stay unresolved forever, lingering for years until you surrender or an attorney petitions for its cancellation. Warrants are issued after:
- Police have presented evidence to a judge indicating there is probable cause to believe you committed a crime.
- A grand jury has brought forward an indictment.
What Are Bench Warrants?
On the other hand, bench warrants are generally issued when a court order is violated. Here are some common examples:
- Not showing up for a required court appearance.
- Not fulfilling the required community service hours.
- Accused of violating probation.
While California Penal Code Section 978.5 primarily governs court appearances, it also applies when a defendant fails to appear properly or comply with court procedures—often resulting in a bench warrant for arrest.
Does an Arrest Warrant Appear on Background Checks?
In short, yes, it can. Since an arrest warrant is an official judicial record and also a public record, it can generally be accessed through relevant searches of court records, including some background checks.
In California, the presence of an arrest warrant in a criminal background check depends on the type of background check being conducted. Standard checks conducted by landlords or employers typically do not reveal outstanding warrants, including open or bench warrants.
However, more thorough checks, such as those performed by law enforcement or for certain professional licenses, may reveal such warrants. Even bench warrants—court-issued orders typically for failing to appear—can appear on most criminal background checks.
What About the Statute of Limitations?
In California, the general statute of limitations for misdemeanors is one year. Prosecutors must file charges within one year of the alleged crime; otherwise, the accused cannot be prosecuted for that misdemeanor.
Under California law, prosecutors may begin a case through these actions:
- File an indictment, criminal information, or criminal complaint.
- Bring the defendant to an arraignment hearing, or
- Issue either a bench warrant or an arrest warrant.
However, an arrest warrant can be issued even before official charges are filed, which is common because misdemeanor charges are typically filed after the defendant's arrest.
The misdemeanor warrant does not automatically expire after one year; it can stay active even if the statute of limitations has passed without any charges being filed.
Defense Attorney Strategy
Defense attorneys frequently rely on the statute of limitations to get charges dismissed and warrants revoked. If you find an outstanding warrant against you after the limitations period has expired, a defense attorney can argue that any charges filed afterward are invalid. If this argument is successful, the court may dismiss the charges and cancel the warrant.
However, the success of this argument can depend on various factors. For instance, prosecutors might contend that the statute of limitations should be tolled or paused due to specific circumstances, such as the following:
- Defendant fleeing the state or
- Hiding to avoid legal action.
If the court concurs with the prosecutor's reasoning, the warrant could stay in effect despite the expiration of the statute of limitations.
What Are Speedy Trial Rights?
The Sixth Amendment guarantees the right to a speedy trial. Consider a scenario where police do not execute an arrest warrant within a reasonable time after the charging document has been issued.
In that case, it could infringe on this constitutional right. In California, you may submit a Serna Motion to seek case dismissal. If police do not execute an arrest warrant promptly after the alleged crime, it could affect the credibility of the evidence, as seen below:
- Lost or deleted surveillance footage,
- Witnesses gradually stepping back,
- Fading memories of the event
These factors can greatly weaken your defense approach or increase the risk of a wrongful conviction.
What To Do if You Have an Outstanding Misdemeanor Warrant
If you find an active warrant for a misdemeanor in California, it is crucial to address it promptly. Failing to do so can extend the problem, cause disruptions in your life, and may lead to more serious consequences.
The best course of action is to consult a California criminal defense attorney who can guide you through the process and potentially have the warrant revoked. With the help of an experienced attorney, you can explore legal options and strategies that may lead to a favorable resolution of your case.
In certain situations, an attorney might negotiate with the court for you to appear voluntarily instead of being arrested on the warrant. In other cases—such as when you were never charged and the statute of limitations has expired—your attorney can request the court to cancel the warrant since it is no longer relevant.
Contact our law firm for more details and to explore legal options. Cron, Israels & Stark is located in Los Angeles, CA.
