What is a bench warrant in California?
Asked by: Giles Schultz I | Last update: January 24, 2026Score: 4.8/5 (63 votes)
In California, a bench warrant is a legal document issued by a judge instructing law enforcement to arrest a subject immediately. It is typically served when the subject fails to comply with a court order. Once arrested, the subject must face the original charges plus any charges resulting from the bench warrant.
How long do you stay in jail for a bench warrant in California?
How long do you stay in jail for bench warrant? The duration of jail time for a bench warrant varies based on factors such as the nature of the underlying offense and local laws. You may be held until a hearing or until bail is posted, potentially lasting from a few hours to several days.
What to do if you have a bench warrant in California?
You can often clear or “quash” a bench warrant by appearing in court or having their lawyer appear on your behalf. To quash a bench warrant means the court will remove it from California's judicial system. They are typically issued for the following reasons: Failure to appear (FTA).
Can you get a job with a bench warrant?
If you have a bench warrant, then it very well could stop you from getting a job. If you are looking at a position that requires a security clearance, then you need to get the bench warrant taken care of quickly. Unless the job involves making license plates in prison.
What is a bench warrant in simple terms?
A bench warrant is a process or a legal document issued by the court itself or from the “ bench ” for the detainment or arrest of a person in a criminal or civil court proceeding , either in a case of contempt , especially when the criminal defendant is on bail or a witness under subpoena does not appear for trial, or ...
What if I Have a Bench Warrant in California?
Can I fly with a bench warrant?
Yes, you can technically fly with a bench warrant, especially on domestic flights, as the TSA does not specifically check for warrants. However, it is risky because any encounter with law enforcement, such as during a security incident or a routine check, could lead to the discovery of the warrant and your arrest.
Is a warrant a pending charge?
Judges issue arrest warrants precisely because you have failed to appear in court to address pending charges. The open warrant authorizes police to apprehend and detain you anywhere and time until you are brought to court.
Will a warrant show up on a background check for a gun?
The short answer is yes, warrants will typically show up on a background check report, but it can depend on how thoroughly someone is checking. All warrants are traceable in some way, so it's best to assume that they'll be found. If there's a warrant out on you, be forthright with those running your background check.
Can you leave the US with a bench warrant?
Therefore, we advise you not to risk travel with an existing warrant. Any intended traveler inclined to travel out of the country may face detention at the airport by TSA authorities. So, ask your legal advisor to help you design your travel plan prior to booking an air ticket.
What happens when you turn yourself in for a bench warrant?
Going to a Police Station: You can also turn yourself in by going to your local police department or sheriff's office. Depending on your case, a police officer may help you schedule a bench warrant hearing and release you on your own recognizance or have you remain in custody until your court hearing.
Can you just pay a warrant in California?
If you have failed to appear on a traffic/minor offense case and a warrant has been issued, you may be able to pay the total bail or an appearance in court may be necessary. Warrants cannot be settled over the phone or online.
How do I know if I have a bench warrant in California?
You can look up your case on the Court's Traffic Case Info website . The information displayed for your case will indicate whether a warrant was issued and the date it was issued. You will see something like: "Case is delinquent. Warrant issued on [date].
What does return on bench warrant mean?
"Return on a bench warrant" means on that date, the defendant came back (returned to court). From there the case would be active again and would take up where it left off before the defendant absented himself from the court.
Can I pay off my bench warrant?
No. There is no such thing as a payment plan on a cash-alternative warrant. You will need to go to court to quash the warrant.
Can other states see bench warrants?
How California shares warrant information with other states. In California, warrant information is primarily shared through the NCIC. When a warrant is issued in California, law enforcement agencies often enter it into the NCIC, making it accessible to officers across the country.
Can you get a passport with a bench warrant?
In general, misdemeanor bench warrants won't prevent anyone from getting a passport, but a felony warrant, on the other hand, may cause your application to be denied, and may even cause an escalation of one's problems with the law.
Will jobs hire you if you have a warrant?
Since most public warrants are publicly accessible as part of court records they may be found by employers during a background check. Bottom line, you can get hired if you have a warrant. In most cases, yes, especially if it does not lead to a conviction.
How long does it take for a warrant to show up in the system?
Technically, a law enforcement agent that gets a judge to sign an arrest or search warrant can serve same immediately. It can take several hours for a clerk to input it into the NCIC.
How long does a bench warrant last in California?
According to Penal Code 978.5 PC, bench warrants—also known as body attachments—do not expire in California. This means a bench warrant will stay on your record until the situation is resolved.
What is the difference between a bench warrant and a body warrant?
There is essentially no difference between a body attachment and a bench warrant in California. Some states differentiate between the two based on the type of court order that led to their issuance. For example, a body attachment might be issued for an individual who failed to appear in family court or a civil suit.
Can hospitals see if you have a warrant?
Greetings, my name is***** and I'm a licensed attorney. I see you have a question about whether you can go to the hospital with a felony warrant. The answer is hospitals do not generally run patients for warrants. They will only look up your hospital records and anything associated with your health.
Do they run your name at the airport?
If you have an outstanding bench warrant, or an arrest warrant issued by a court, you may be detained or arrested at the airport. It is more common for your name to be checked against various databases when you are traveling internationally.
Can the airport see if you have warrants?
Local Police & Warrant Checks – Larger airports often have a significant police presence. If you come into direct contact with them for any reason, there's a possibility they might check for outstanding warrants.