How Long Do Warrants Last in Texas?

When a person learns that there is a warrant out for them, one of the first things they often think is this: "How long do warrants last in Texas?"

In general, the answer is: "Forever." However, it does depend on the type of warrant it is. Most active warrants do not expire. They will stay active until the court recalls them, the person is arrested, or the matter is otherwise taken care of.

Understanding how long a warrant lasts and what to do about it is essential for avoiding unexpected arrests, fines, and other legal implications. At Sparks Law Firm, the team understands how arrest warrants work. They also know how long each type of warrant remains active and how to get an arrest warrant cleared in the best possible way. As well as how warrants work for minors in Texas.

Understanding How an Active Warrant Works

A warrant is a type of legal document that is issued by a judge or magistrate. It allows law enforcement officers to perform a specific act. It might be an arrest warrant, a search warrant, or a different type.

In Texas, a warrant is governed by the Texas Code of Criminal Procedure, and every warrant must be supported by probable cause.

It's important to know that a judge won't issue a warrant lightly. They must get enough evidence from police officers, for instance, to believe that a crime was committed and that the person or property involved in the warrant is connected to the crime. Once the warrant is issued, law enforcement can take the issued warrant and act on it.

A warrant will remain in effect until it is recalled by the court, until the directive is done, or if the case is dismissed. For more information, trusted criminal defense attorneys in Fort Worth may be able to help.

Types of Warrants in Texas

Arrest Warrants

An arrest warrant gives a law enforcement officer the right to arrest a person named in the warrant. This is generally issued when a person is suspected of committing a crime and there is probable cause.

Here are some key facts about arrest warrants:

• They do not expire under Texas law.

• They remain active until the suspect is arrested, the court withdraws the warrant, or the case is dismissed.

• Warrants are entered into local and statewide databases, meaning they can lead to arrest anywhere in Texas—or even in other states through shared law enforcement systems. So, it's possible a person could be arrested unexpectedly or get arrested for a separate criminal offense if detained for questioning.

So, if someone had an arrest warrant issued for them in 2014, and they get pulled over in a minor traffic stop, they could be arrested based on the previous warrant.

Bench Warrants

A bench warrant is a warrant that is issued directly by a judge in pretty specific cases. Typically, a bench warrant is issued if a person has a missed court date or violates a court order.

A bench warrant remains active until the person appears before the court or the issuing court pulls the warrant back. This means that even a minor issue, like missing a court date for a traffic ticket, can push a bench warrant out.

Some people don't even realize that they have a bench warrant out. They often discover it when they get pulled over or have other routine encounters with a law enforcement or peace officer. It can also appear on a background check when looking for criminal history, when renewing a driver's license, or when applying for a job and the employer is looking for a criminal record.

Search Warrants

A search warrant is a bit different. It allows law enforcement to search a specific place or seize evidence that is related to an investigation. They do, however, expire.

Article 18.07 of the Texas Code of Criminal Procedure states that most search warrants must be executed within three days of the day it was issued, but not counting the day it was issued or executed.

Once that time period passes, the warrant is invalid and can't be used.

Capias Warrants

A capias warrant is one that is issued in a case where a person has been charged and then fails to appear in court after they were released on their own recognizance. This allows law enforcement to take the person into custody and bring them back before the court.

A capias warrant does not expire. It is active until that person is found and arrested. Not appearing in court often also leads to more serious consequences in addition to the original offense.

Alias and Capias Pro Fine Warrants

In Texas, there are also alias and capias pro fine warrants:

• Alias warrants are issued when someone fails to appear for a court date before entering a plea.

• Capias pro fine warrants are issued when someone fails to pay fines or complete sentencing requirements after conviction.

Both types remain active until the court receives payment, sets up payment arrangements, the defendant appears, or the case is resolved through other legal means.

How to Find Out If a Warrant Exists

Many people are not aware that they have a warrant out for them until they deal with an unexpected traffic stop or they have a background check that reveals it.

To find out if there is a warrant out for you, you can do a few things:

• Check the Texas Department of Public Safety (DPS) website for public warrant searches.

• Contact the county clerk or district clerk where the offense occurred.

• Hire an attorney to perform a confidential check and help resolve any outstanding matters safely.

If you do find out that there is a warrant out for you, it's best to call a criminal defense lawyer to look into the case. They can help you voluntarily surrender, schedule a hearing, or otherwise work with the court clerk to get the matter handled.

What Happens If a Warrant Is Ignored

If you ignore a warrant, it can have very serious consequences, even if a certain period of time has passed, since they generally do not expire. If there is a warrant out, a law enforcement officer can arrest you at any time including at a routine traffic stop, at home, at work, at church, at your child's school...whenever.

Not addressing a warrant can also:

• Result in additional criminal charges, such as failure to appear or more serious misdemeanors.

• Lead to more fines, penalties, or court costs.

• Affect credit or background checks.

• Prevent renewal of a driver’s license or professional licenses.

Just because time goes on, that does not erase or cancel a warrant in Texas. Only direct action through the court system can resolve it and get the warrant lifted.

How to Resolve an Outstanding Warrant

The best thing to do if you find out that there is a warrant with your name on it is to contact an attorney. You do have constitutional rights and having an attorney present during these situations can ensure the situation is as discreet and effective as possible. They can also he helpful with questions such as Do warrants show on background checks in Texas?

An attorney can:

• Determine the type and status of the warrant.

• Contact the court or prosecutor on your behalf.

• Negotiate a court date or bond arrangement.

• Work toward dismissal or recall of the warrant, depending on the circumstances.

In many cases, having a lawyer work with you can prevent an unexpected arrest and provide a smoother and easier ending.

How to Avoid Future Warrant Issues

To protect yourself against warrant issues, you need to be proactive and communicate with your lawyer. They will help you ensure that everything is done correctly.

Some of the best things you can do is to always attend a scheduled hearing, keep your address and contact information current with the court, and respond to all citations and summons you might get.

If you have fines and you can't pay them, you can set up a payment plan in most cases.

When to Contact an Attorney - Reach Out to Sparks Law Firm

A person should contact an attorney as soon as they suspect a warrant is out there, even if it's not from a local law enforcement agency. You should also contact a lawyer if you have a missed court date, if you moved without letting the court know (especially if you are a registered sex offender), if you have unpaid fines or tickets, or if you were charged with a crime and didn't complete the requirements after you were convicted.

At Sparks Law Firm, the team can verify if a warrant exists, negotiate a resolutions, and serve as legal counsel during a court appearance. Doing this ASAP generally means fewer penalties and a more favorable outcome.

In Texas, there is typically no automatic expiration date for a warrant. They will be active until the issues it taken care of. The only exception is a search warrant, which expires in three days.

If you believe there may be a warrant for your arrest or want to ensure your record is clear, contact Sparks Law Firm today. These attorneys can help you navigate the process, communicate with the court, and protect your rights every step of the way.