How Do I Clear an Old Warrant in California?

Q: How long does a warrant stay active in California?

In California, a warrant remains active indefinitely until it is executed or recalled. This means law enforcement can arrest you at any time, regardless of how much time has passed since the warrant was issued. It's crucial to address outstanding warrants promptly to avoid potential arrests and legal complications.

Q: How long before a warrant expires in California?

Warrants in California do not expire. They remain active until they are served or formally canceled by the court. This means that even if a significant amount of time has passed since the warrant was issued, it can still be enforced. It's advisable to resolve any outstanding warrants as soon as possible.

Full question:

I recently found out i have a warrant in ca from '93. i live in AZ now and have been in no trouble, and a legal drivers license. i don't have much money but would like to have this issue resolved. what can i do? DUI was my offense.

Category: Criminal
Subcategory: Warrants
Date: 04/07/2025
State: Arizona

Answer:

Arrest warrants should not be ignored. There are three types of California Superior Court arrest warrants: warrants alleging the commission of a felony offense, the commission of a misdemeanor offense, and infraction warrants. There are very specific and serious problems that can arise for any type of arrest warrant. Arrest warrants can stand in the way of obtaining employment, federal or state benefits, such as licensing for a particular type of job, driving privileges, and safe travel without fear of arrest. In some case, warrants can result in law enforcement forcibly entering your home, arresting you at your place or employment, and can result in the loss of freedom and serious financial problems.

Old warrants involve special consideration because of state statutory and constitutional protections against violation of the right to a speedy trial. In these cases there is often loss of evidence that may have benefited the defense. The delay in arresting the person can therefore result in an unfair advantage for the prosecution resulting in the case being dismissed. However, the defense may gain an advantage if old warrants involve cases with lost evidence or witnesses that have died or disappeared, making it difficult for the prosecution has to prove its case, and may result in dismissal of an old case or a favorable verdict for the defense. In some cases, the California warrants will not allow for the posting of bail. A “no-bail” warrant requires special treatment.

Recalling and quashing a bench warrant means having it voided in the court system . You (or sometimes your attorney) must appear in court in order to complete the process.
If you fail to appear for a court appearance, or fail to pay a fine in connection with a misdemeanor offense, your attorney may be able to have the warrant recalled and quashed in your absence. If, however, you fail to obey a court order that arises out of a felony case, you must be present to clear your warrant.

For further discussion, please see:

http://www.shouselaw.com/bench-warrants.html#recall

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What are the limits of a warrant?

Warrants allow law enforcement to arrest a person or search their property. However, they must be based on probable cause and issued by a judge. The scope of a warrant is limited to what is specified within it. For example, a search warrant can only authorize searches in designated locations. If law enforcement exceeds these limits, any evidence obtained may be deemed inadmissible in court.

How long does a warrant stay active in California?

How long before a warrant expires in California?

How to resolve a warrant in another state?

To resolve a warrant in another state, you should first confirm the details of the warrant. Then, consider hiring an attorney who is familiar with the laws in that state. You may need to appear in court to address the warrant, especially if it's a felony. Your attorney can guide you through the process of recalling or quashing the warrant.

How long do warrants take to go away?

Warrants do not automatically go away; they remain active until acted upon by law enforcement or canceled by the court. If you resolve the underlying issue, such as attending a court hearing or paying fines, the warrant can be cleared. The time it takes to resolve a warrant varies based on the legal process and your specific situation.