Warrants on Background Checks: The Complete Guide

A warrant is a formal legal document, typically issued by a judge or magistrate, that authorizes law enforcement or another official to take a specific action. Depending on the circumstances, a warrant may allow law enforcement to arrest an individual, search an individual or a location for evidence, or seize property. In addition to protecting the public against unlawful arrests, warrants can also notify an individual about criminal charges brought against them.   

Do warrants show up on background checks? Here’s an overview of the main types of warrants that can be issued and when they may be reported.

An arrest warrant is a document that authorizes law enforcement to take an individual into custody who is suspected of a crime. In most jurisdictions, this type of warrant is required for misdemeanors that law enforcement hasn’t witnessed. To initiate an arrest warrant, a law enforcement officer files a statement with the judge explaining why they believe the individual committed a crime, which is known as a probable cause declaration. 

The arrest warrant may also include restrictions on the arrest. For example, the warrant may specify that law enforcement can only arrest the individual during certain hours. The warrant also includes information about posting bail.

Do arrest warrants appear on background checks​? Yes, arrest warrants are generally reported on a criminal background check as long as they remain open. However, the underlying charge (or the reason for the warrant) is not reportable if the warrant is older than seven years. 

A bench warrant is a type of arrest warrant that’s commonly issued when an individual fails to appear in court or comply with a court order; it can also be used in cases of contempt or when a witness under subpoena does not appear. For example, a judge may issue a bench warrant when an individual doesn’t appear for jury duty, a parent fails to pay child support, or a subpoenaed witness doesn’t show up to court to testify. 

Unlike an arrest warrant, which is typically requested by police based on probable cause of a crime, a bench warrant is initiated by the court itself, often as a response to a procedural violation rather than a new criminal offense. Once issued, a bench warrant does not expire and remains active until the individual is apprehended or the court cancels it.

A bench warrant can be issued while a case is still pending, therefore it may appear on a criminal background check. 

A search warrant permits law enforcement to search a specific individual, place, or vehicle for evidence. This type of warrant is designed to protect an individual’s reasonable expectation of privacy against unreasonable intrusions, as by the Fourth Amendment. To obtain a search warrant, law enforcement must have probable cause to believe they’ll find evidence of a crime. 

Because search warrants are issued as part of law enforcement investigations, it is not typically available to the public and therefore unlikely to appear on a criminal background check. 

A civil warrant is a legal order issued by a court in a non-criminal matter, typically to ensure that an individual appears in court or complies with a court order related to a civil case, such as debt collection, child support, or other financial disputes. Because these warrants are not associated with criminal activity, civil warrants may not appear on criminal background checks. Civil warrants are included in court records, so they may be reported with a county civil court search.

A traffic warrant is issued by a court when an individual fails to resolve a traffic violation, such as not paying a ticket or missing a required court appearance for a traffic offense. This warrant authorizes law enforcement officers to apprehend the individual and bring them before the court to address the outstanding traffic issue

Traffic warrants are also considered bench warrants and can remain active indefinitely until the matter is resolved. Therefore, traffic warrants may be discovered during routine traffic stops, background checks, or other official processes.

A fugitive warrant is a specialized type of arrest warrant issued when an individual is charged with or convicted of a crime and flees from one jurisdiction—such as a state or county—to another in order to avoid prosecution or punishment. This warrant authorizes law enforcement in the new jurisdiction to arrest the individual and hold them until they can be extradited back to the original jurisdiction where the crime occurred. This type of warrant isn’t included in court records in the receiving state,  so in most cases it will not be reported on a criminal background check.

A capias pro fine warrants is issued by a court after a defendant has been convicted and ordered to pay a fine or fulfill a judgment, but fails to do so. This type of warrant authorizes law enforcement to arrest the individual and bring them before the court to address the unpaid fine or unfulfilled court order. These warrants may appear on a criminal background check.

Warrants may show up on a background check, depending on a few factors:

• Type of warrant: Most open warrants will appear on a criminal background check, though the underlying charge is not reportable if the warrant is older than seven years. 
• Type of background check: Different screenings may report different results. For example, some warrants may be reported on a comprehensive employment screening, but not an apartment background check. 
• State laws: State laws vary with access to warrant information; a background check in one state may report different types of warrants compared to a screening in a different state.

A warrant can show up in law enforcement and public databases very quickly after it is issued by a judge, often within minutes or a few hours. The actual time depends on the processes of the specific court and the law enforcement agency involved. 

However, there can sometimes be delays that may take up to a day, depending on how frequently the databases are updated and the efficiency of the court and law enforcement communication. 

Both employers and candidates can run a warrant search, but it’s often easier to work with a qualified background check provider, like Checkr. 

While hiring managers can research warrants in-house, the process of manually searching or requesting court records can be time-consuming. It can also put an organization at risk for legal issues if the screening doesn’t comply with federal and state laws.

Employers that choose to partner with a qualified background check provider, like Checkr, often benefit from faster screenings and compliance support. Checkr’s criminal background checks may report active (open) warrants, depending on where the search is conducted.

Running a background check on yourself gives you the opportunity to see what employers and landlords may see so you can anticipate questions and correct inaccuracies. For individuals wondering “Will a warrant show up on a job background check?” can find out the answer with a personal background check. 

Checkr offers personal background checks that may include an SSN trace, sex offender registry check, global watchlist search, criminal and civil searches, and driving records. If a criminal search is selected, active (open) warrants may be reported. 

Yes, the Social Security Administration (SSA) searched for warrants when determining if an individual is eligible for benefits. If an applicant or beneficiary has an outstanding warrant for a felony crime, the SSA may report the information to the appropriate law enforcement agency to help apprehend the individual. The SSA may also suspend Social Security benefits for these individuals. 

A criminal background check can help employers search for warrants in a candidate’s history to help determine the candidate’s eligibility for a role. For a streamlined approach and faster time to hire, employers often choose to partner with a qualified background check provider, like Checkr. 

In addition to criminal record checks, Checkr’s comprehensive background checks offer employers multiple screening options, like motor vehicle record checks, credit checks, and more. Get started with Checkr today. 

Individuals interested in personal background checks can order online and preview what employers may see. 

About the author

Kim writes about a variety of small business and personal finance topics, including business financing options, online security, background checks, and more. Her work is aimed at helping both employers and job candidates understand and navigate the hiring and employment process.